Walker v. Ferrin
Supreme Court of Vermont
This was a special action on the case, setting forth the sale by the defendant to the plaintiff, of a note executed by one Calvin Bruce to one Silas Bruce, and transferred by said Silas to the defendant, and by him to the plaintiff ; and alleging a fraudulent and deceitful representation on the part of the defendant, that said Calvin, the maker, had no account or claim in offset to defeat a recovery thereon ; and seeking to recover, as special damages, the costs of a suit,…
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This was a special action on the case, setting forth the sale by the defendant to the plaintiff, of a note executed by one Calvin Bruce to one Silas Bruce, and transferred by said Silas to the defendant, and by him to the plaintiff ; and alleging a fraudulent and deceitful representation on the part of the defendant, that said Calvin, the maker, had no account or claim in offset to defeat a recovery thereon ; and seeking to recover, as special damages, the costs of a suit, instituted by the plaintiff against said Calvin on the note, in which the latter had recovered judgement by means of a…
1Opinion of the Court
Phelps, J.,
delivered the opinion of the Court. — The first and principle question arising in this case is, whether the release, exe*526cuted by the plaintiff to the defendant, for the purpose of rendering the defendant a competent witness in the former suit, is a bar to the present action. The objection to its operating as a bar, as made by the plaintiff", is, that it is not to be regarded as having been, in a legal sense, delivered ; and further, that if it were so delivered, it is not to be considered a legal or valid instrument.
That delivery is essential to the operation and validity of all…
2Cited by10 opinions
- Price v. FurmanSupreme Court of Vermont · 1855
- Spencer v. DearthSupreme Court of Vermont · 1870
- Columbia Casualty Co. v. Hare, Et Vir.Supreme Court of Florida · 1934
- Smeltzer v. WhiteSupreme Court of the United States · 1876
- Whitcomb v. DancerSupreme Court of Vermont · 1982
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