Smith v. Town of Franklin
Supreme Court of Vermont
General assumpsit. Fleas, the general issue and statute of limitations. Tried by jury September Term, 1888, Taft, J., presiding. The plaintiff claimed by his specifications to recover for “cash left in trust Nov. 1, 1863, $180.00, with interest.” The plain tiff, proved the vote of the defendant town to pay a bounty of three hundred dollars, and that the selectmen for the year 1863 were Roby, Marsh and Cleveland.
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General assumpsit. Fleas, the general issue and statute of limitations. Tried by jury September Term, 1888, Taft, J., presiding. The plaintiff claimed by his specifications to recover for “cash left in trust Nov. 1, 1863, $180.00, with interest.” The plain tiff, proved the vote of the defendant town to pay a bounty of three hundred dollars, and that the selectmen for the year 1863 were Roby, Marsh and Cleveland. The plaintiff then introduced Roby as a witness, who testified in substance that he represented the defendant in the enlistment of the plaintiff among others; that the plaintiff did…
1Opinion of the Court
The opinion of the court was delivered by
Powers, J.
The court below ordered a verdict for defendant mpon the ground that the statute of limitations had run upon the (plaintiff’s claim. If there was any evidence in the case that tended to save the claipa from the statute it should have gone to the jury.
The plain tiff’s evidence came mainly from Mr. Robie and Iiimself and although these witnesses differed as to some of the ■material facts, the court could not as matter of law adopt the version of' either, but must submit the whole to the jury and they could adopt either version as they pleased.…
2Cases cited3 opinions
- Thrall v. Estate of MeadSupreme Court of Vermont · 1868
- Stanton v. Estate of StantonSupreme Court of Vermont · 1865
- Town of Poultney v. Town of WellsSupreme Court of Vermont · 1826
3Cited by9 opinions
- Wellman, Admr. v. WalesSupreme Court of Vermont · 1925
- McKirryher v. YagerSupreme Court of Vermont · 1941
- Brown v. Vermont Mutual Fire InsuranceSupreme Court of Vermont · 1918
- Lyndon Savings Bank v. International Co.Supreme Court of Vermont · 1905
- Virginia Fila v. Spruce Mountain InnSupreme Court of Vermont · 2005
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