Bishop v. Brown
Supreme Court of Vermont
General Assumpsit. Plea, the general issue, and trial by-jury, September Term, 1877, Pierpoint, 0. J., presiding. The plaintiff sought to recover the sum of $1,000 that he claimed to have overpaid the defendant by mistake in a trade for a farm in Jericho.
Read the full summary
General Assumpsit. Plea, the general issue, and trial by-jury, September Term, 1877, Pierpoint, 0. J., presiding. The plaintiff sought to recover the sum of $1,000 that he claimed to have overpaid the defendant by mistake in a trade for a farm in Jericho. His testimony and that of Jason Clark, who testified in his behalf, tended to show that on the day the writ was served, but before service was made, he went with the officer to see the defendant and found him at Jericho Center, and told him that he held a note against him — a note that he had previously purchased — and that there was a…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
The County Court directed a verdict for the defendant, because in its estimation there was no testimony tending to show a sufficient demand before the commencement of the suit. In this the plaintiff claims, the County Court erred. The plaintiff’s testimony tended to show that in a trade with the defendant he had by mistake overpaid him $1,000; that he had also purchased a note against him: and that, on the day of the service of the writ, h¿ went with the officer to see the defendant, found him at Jericho Centre, told him he had purchased the…
2Cases cited2 opinions
- Brainerd v. Champlain Transportation Co.Supreme Court of Vermont · 1857
- Stoddard v. ChapinSupreme Court of Vermont · 1843
3Cited by4 opinions
- Axtel v. ChaseIndiana Supreme Court · 1880
- Turner Falls Lumber Co. v. BurnsSupreme Court of Vermont · 1899
- Gillett v. BrewsterSupreme Court of Vermont · 1890
- Braithwaite v. HenneberryAppellate Court of Illinois · 1906