Moore v. Administrator of Rich
Supreme Court of Vermont
This is an appeal from commissioners of insolvency on the estate of Alzo Rich. The declaration was upon a contract for the conveyance of land. On the trial in the county court the plaintiff read the contract described in his declaration without objection. He then offered one Roswell M. Richardson as a witness, who was objected to on the ground of interest and incompetency.
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This is an appeal from commissioners of insolvency on the estate of Alzo Rich. The declaration was upon a contract for the conveyance of land. On the trial in the county court the plaintiff read the contract described in his declaration without objection. He then offered one Roswell M. Richardson as a witness, who was objected to on the ground of interest and incompetency. It appeared that, at the time the contract in dispute originated, the said Richardson had no interest in it, but a few days subsequently became equally interested with the plaintiff and continued so interested until the day…
1Opinion of the Court
The opinion of the court was delivered by
Williams, Ch. J
— The only question presented is, whether Richardson was properly rejected as a witness. He was no party to the contract when it was made, and had then no interest in it. He became interested afterwards and-continued so to the day of the trial. The general rule, as to the admissibility of witnesses, is correctly laid down in the authorities cited by the plaintiff’s counsel, and the witness offered was admissible within that rule. . The case of Walton v. Shelley, 1 T. R. 296, added a further disqualification, but this was confined to…
2Cited by3 opinions
- Fletcher v. ColeSupreme Court of Vermont · 1852
- Bank of Woodstock v. ClarkSupreme Court of Vermont · 1853
- Blake v. BuchananSupreme Court of Vermont · 1850