Drown v. Oderkirk
Supreme Court of Vermont
General Assumpsit. Pleas, the general issue, payment, and the Statute of Limitations. Trial by jury at the December Term, 1913, Caledonia County, Fish, J., presiding. Yerdict and judgment for the plaintiff. The defendant excepted.
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General Assumpsit. Pleas, the general issue, payment, and the Statute of Limitations. Trial by jury at the December Term, 1913, Caledonia County, Fish, J., presiding. Yerdict and judgment for the plaintiff. The defendant excepted. Plaintiff’s counsel, in his closing argument to the jury, stated that defendant had pleaded the general issue, payment, and tbe Statute of Limitations, and read each of those pleas, saying jthat he did so simply to call attention to what the pleadings in the case were, that is, the defences, for the purpose of arguing the propositions. Thereupon defendant objected…
1Opinion of the CourtPowers, J.
The plaintiff seeks to recover pay for the care and support of the defendant’s minor daughter, Goldie. The defendant pleads the general issue, payment, and the Statute of Limitations. Judgment below was for the plaintiff on a verdict in her behalf.
It appeared that on August 16, 1901, the plaintiff bought of the defendant a small place in Danville; and in support of his plea of payment, the defendant put in evidence a deed of this place, wherein appeared the following clause: ‘ ‘ Said Emmaretta Drown is to tenderly care for and bring up Goldie Pearl Oder-kirk, daughter of the grantor, Aurelius…
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