Farr v. Payne
Supreme Court of Vermont
Tins was an action of general assumpsit. The plaintiff filed a specification, to which the defendant pleaded the general issue. Trial by court, April Term, 1867, Barrett, J., presiding. The plaintiff offered in evidence, a note dated January 1st, 1865, for $171.19, indorsed $80., March 26th, 1866. This note was conceded to be genuine, and it was also conceded that its amount, less the indorsement, was due at the commencement of this suit.
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Tins was an action of general assumpsit. The plaintiff filed a specification, to which the defendant pleaded the general issue. Trial by court, April Term, 1867, Barrett, J., presiding. The plaintiff offered in evidence, a note dated January 1st, 1865, for $171.19, indorsed $80., March 26th, 1866. This note was conceded to be genuine, and it was also conceded that its amount, less the indorsement, was due at the commencement of this suit. The plaintiff also offered in evidence, the disclosure hereto annexed, marked A., and accompanied the same with proof that the defendant signed and swore to…
1Opinion of the Court
The opinion of the court was delivered by
Peck, J.
The only qustion in the county court, and the only point made in argument in this court is, whether the evidence on the part of the plaintiff was sufficient to entitle him to recover the one hundred and eighty dollars for the oxen, and the nineteen dollars for articles sold at auction. The only proof was the defendant’s disclosure in the suit, Holden v. the intestate, in which the defendant in this suit was summoned as trustee. The disclosure was sworn tO' December 9th, 1865, and contains an admission of an indebtedness *617by this defendant to the…
2Cited by5 opinions
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- Faisst v. WaldoSupreme Court of Arkansas · 1893
- Sowles v. CarrSupreme Court of Vermont · 1897
- Carder v. PrimmMissouri Court of Appeals · 1891
- Worthen v. DickeySupreme Court of Vermont · 1881