Barber's Adm'r v. Bennett
Supreme Court of Vermont
Assumpsit. Trial by jury, December Term, 1885, Walker, J., presiding. Verdict for the plaintiff. Some of the entries on “ Exhibit A,” referred to in the opinion, were as follows: “ R. W. Bennett, to Elijah Barbel', Dr. October 6, 1886, to cash, $175, int. $101.75; April 28, 1868, to cash, $200, int. $108; June 26, 1868, to cash, $313.74, int. $157.56. Interest cast to January 1, 1877, $1,056.05.” The others were similar.
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Assumpsit. Trial by jury, December Term, 1885, Walker, J., presiding. Verdict for the plaintiff. Some of the entries on “ Exhibit A,” referred to in the opinion, were as follows: “ R. W. Bennett, to Elijah Barbel', Dr. October 6, 1886, to cash, $175, int. $101.75; April 28, 1868, to cash, $200, int. $108; June 26, 1868, to cash, $313.74, int. $157.56. Interest cast to January 1, 1877, $1,056.05.” The others were similar. Daniel J. Barber, who is the plaintiff in this suit as administrator of said Elijah Barber, who died in August, 1884, was called as a witness, and testified that the Plunkett…
1Opinion of the Court
The opinion of the court was delivered by
Royce, Ch. J.
This is an action of assumpsit in the common counts, and is prosecuted by Daniel J. Barber, as administrator of Elijah Barber. The defendant pleaded *482the general issue and five special pleas in bar; but as no question is made as to their form or sufficiency, or as to evidence applicable to them, it is unnecessary to particularly refer to them. We will first consider the exception taken to the admission of “Exhibit A” as evidence.
To understand the objections made to its admission it is necessary to consider the character of the exhibit and…
2Cases cited6 opinions
- State v. HowardSupreme Court of Vermont · 1859
- Lapham v. KellySupreme Court of Vermont · 1862
- Godding v. OrcuttSupreme Court of Vermont · 1871
- Cross v. BartholomewSupreme Court of Vermont · 1869
- Bell v. McLeranSupreme Court of Vermont · 1831
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- State v. DohertySupreme Court of Vermont · 1900
- Hay v. PetersonWyoming Supreme Court · 1896
- Hinshaw v. Security Trust Co.Indiana Court of Appeals · 1911
- Gleason & Field v. L. T. Kinney's AdministratorSupreme Court of Vermont · 1893
- Wheeler v. CampbellSupreme Court of Vermont · 1895
4 more not listed; retrieve them via the Exa API.