Camp v. Averill
Supreme Court of Vermont
Trial by jury, Septemher Term, 1880, Washington County, Redfield, J., presiding. Action, general and special assumpsit, on promissory note. Plea, general issue and notice ; and verdict and judgment for the plaintiff. The note was given to the plaintiff and signed by E. 0. Leonard, C. 0. Leonard, J. S. Collins, H. C. Leonard and N. E. Averill, “ surety.” Suit was brought against Averill alone.
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Trial by jury, Septemher Term, 1880, Washington County, Redfield, J., presiding. Action, general and special assumpsit, on promissory note. Plea, general issue and notice ; and verdict and judgment for the plaintiff. The note was given to the plaintiff and signed by E. 0. Leonard, C. 0. Leonard, J. S. Collins, H. C. Leonard and N. E. Averill, “ surety.” Suit was brought against Averill alone. On trial it appeared that the plaintiff, previous to the 31st day of August, 1877, held E. 0. Leonard’s note for the. sum of five hundred dollars; that plaintiff requested said E. 0. Leonard to pay the…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
I. The deposition of Albert S. Southworth was properly admitted. The law allows the taking of the deposition of a witness called as an expert, for the same causes and under the same circumstances, that it allows the taking of the deposition of any other witness. The statute in this respect, makes no distinction between witnesses called to testify as experts and other witnesses. R. L. s. 1019.
II. No exception was taken to granting leave to the plaintiff to omit reading a part of the deposition. Hence, whatever the right of a party against whom a…
2Cited by6 opinions
- Chamberlin v. FullerSupreme Court of Vermont · 1886
- Barney's Admrx. v. Quaker Oats Co.Supreme Court of Vermont · 1912
- Niles v. DanforthSupreme Court of Vermont · 1923
- Goss v. BurtSupreme Court of Vermont · 1910
- Staten v. Central Vermont Railway Co.Supreme Court of Vermont · 1917
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