Gifford v. Thomas' Estate
Supreme Court of Vermont
This was an appeal from the disallowance of the plaintiff’s claim by commissioners, and was heard on report of referee at the December Term, 1888, Caledonia County, Tyler, J., presiding. Judgment for the plaintiff, for the sum of $149.74 and interest. The defendant excepts. The plaintiff sought to recover for certain goods delivered to one Bailey. Bailey occupied a farm which, with most of the personal property upon it, belonged to the testator.
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This was an appeal from the disallowance of the plaintiff’s claim by commissioners, and was heard on report of referee at the December Term, 1888, Caledonia County, Tyler, J., presiding. Judgment for the plaintiff, for the sum of $149.74 and interest. The defendant excepts. The plaintiff sought to recover for certain goods delivered to one Bailey. Bailey occupied a farm which, with most of the personal property upon it, belonged to the testator. It had formerly been the property of Bailey, but was about to go on mortgage, when the testator bought it and permitted Bailey to remain upon and…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
In Lyth v. Bond, 40 Vt. 618, it is held that an agent is not & party to a contract which he has made for the principal, and that he is a competent witness both to establish his agency and the contract, although his principal has deceased, and the existence and scope of the contract are involved in the trial in which he is called as a witness. This decision has been *36recognized and followed in several subsequent decisions. Hence, the admission of the witness Bailey to testify to his agency was-correct. On Bailey’s testimony the referee has found…
2Cases cited1 opinion
- Lytle v. Bond's EstateSupreme Court of Vermont · 1868
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- Smythe v. Central Vermont Railway Co.Supreme Court of Vermont · 1914
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