Johnson v. Kelley
Supreme Court of Vermont
Assumpsit upon a promissory note. Plea in set off. Trial by jury at the June term, 1894, Tyler, J., presiding. Judgment for the defendants to recover their costs. The defendants except. The plaintiff brought suit on a note for fifty dollars signed by the defendants. This note and two others for one hundred dollars each were given in payment for a pair of horses sold by the plaintiff to the defendant Kelley. The other two notes were not due when the action was begun.
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Assumpsit upon a promissory note. Plea in set off. Trial by jury at the June term, 1894, Tyler, J., presiding. Judgment for the defendants to recover their costs. The defendants except. The plaintiff brought suit on a note for fifty dollars signed by the defendants. This note and two others for one hundred dollars each were given in payment for a pair of horses sold by the plaintiff to the defendant Kelley. The other two notes were not due when the action was begun. Kelley claimed a warranty in this sale, and plead a breach of it in offset, without also pleading the general issue. Upon this…
1Opinion of the CourtTaft, J.
Is it necessary to.examine the questions presented by the record?
The plaintiff sought to recover the amount of a promissory note given, with other notes, for two horses, sold by him to defendant Kelley. The defendants admitted the execution of the note, and pleaded in set off a claim against the plaintiff in favor of the defendant Kelley, based upon a breach of warranty of said horses, and said Kelley filed a declaration in set off, claiming to recover for the same breach. The jury returned a verdict for the plaintiff for the full amount of the note in suit, and found damages for the…
2Cases cited9 opinions
- Mott v. MottSupreme Court of Vermont · 1833
- Conable v. BucklinSupreme Court of Vermont · 1826
- Meader v. LeslieSupreme Court of Vermont · 1830
- Rix v. NevinsSupreme Court of Vermont · 1854
- Ashley v. WillardSupreme Court of Vermont · 1803
4 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Congdon v. TorreySupreme Court of Vermont · 1921
- Lamoille County National Bank v. HuntSupreme Court of Vermont · 1900
- York Mfg. Co. v. RothwellCourt of Appeals for the Sixth Circuit · 1902