Chase v. Smith
Supreme Court of Vermont
This was an action of Assumpsit for work, labor and services, done and performed by the plaintiff, for and at the special instance and request of the defendant, in the year 1826 — plaintiff claiming forty dollars. The defendant plead the General Issue, non-assumpsit, and gave notice that when said labor was performed, he was partner with one Walker, in trade ; and that the plaintiff was a minor, under twenty-one years of age. Issue joined to the country.
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This was an action of Assumpsit for work, labor and services, done and performed by the plaintiff, for and at the special instance and request of the defendant, in the year 1826 — plaintiff claiming forty dollars. The defendant plead the General Issue, non-assumpsit, and gave notice that when said labor was performed, he was partner with one Walker, in trade ; and that the plaintiff was a minor, under twenty-one years of age. Issue joined to the country. The plaintiff, to support the issue on his part, gave evidence to the jury tending to prove, that in 1825, he was seventeen or eighteen…
1Opinion of the Court
After argument by counsel, The opinion of the Court was pronounced by
Baylies, J.
The bill of exceptions shows that the de-defendant offered in evidence the company ledger containing the account against said Chase, the elder, which account was previous to the plaintiff’s work for the defend*559ant. And in this account, said Chase, the elder, had credit for the plaintiff’s work. The plaintiff objected to said book going to the jury as evidence, and the Court excluded the same.
It was decided in the case of Higham & wife vs. Ridgway, 10 East. 109, that if a person have peculiar means of knowing a…
2Cited by4 opinions
- Lackman v. WoodCalifornia Supreme Court · 1864
- Ford v. McVayIllinois Supreme Court · 1870
- Hall v. HallSupreme Court of New Hampshire · 1860
- Wheeler v. RobinsonSupreme Court of New Hampshire · 1870