Mattocks v. Lyman
Supreme Court of Vermont
Assumpsit. The declaration contained several counts upon a special contract, — under which no evidence was received on trial, by reason of variance, — and also counts in indebitatus assumpsit for work and labor, goods sold and delivered, and the money counts. The defendants pleaded the general issue and also a plea in offset. Trial by jury, — Bennett, J., presiding.
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Assumpsit. The declaration contained several counts upon a special contract, — under which no evidence was received on trial, by reason of variance, — and also counts in indebitatus assumpsit for work and labor, goods sold and delivered, and the money counts. The defendants pleaded the general issue and also a plea in offset. Trial by jury, — Bennett, J., presiding. On trial the plaintiff called one Davis S. Russell as a witness, who testified, that, shortly after the last preceding trial of this case in the county court, he was in the defendants’ store in Burlington, and the defendants, both…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
1. In regard to the right of the plaintiff to recover in this action upon the general counts and the necessity of a demand nothing more need be said, than was said in this case, as reported in 16 Vt. Reports 113.
2. We do not perceive that any improper use was made of the defendants’ books in the course of the trial. They could not be received as evidence in regard to the plaintiff’s claim, if they contained nothing concerning any such account. A party’s books are never evidence of a negative character, to rebut a presumption, — or certainly…
2Cited by10 opinions
- Wellman, Admr. v. WalesSupreme Court of Vermont · 1923
- Hendrickson v. International Harvester Co. of AmericaSupreme Court of Vermont · 1927
- State v. BeanSupreme Court of Vermont · 1905
- Scott v. BaileySupreme Court of Vermont · 1901
- Wright v. Williams's EstateSupreme Court of Vermont · 1874
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