Goss v. Turner
Supreme Court of Vermont
Assumpsit upon a promissory note, dated April 21, 1845, for sixty ttvo bushels of good coarse salt, to be delivered between the day .of the date and the middle of January, 1846. Pleas, the general issue, and tender. Trial by jury, June Term, 1848, — Redfield, J., presiding. On trial the plaintiff gave in evidence the note declared upon, and proved the value of good coarse salt at the time and place of delivery.
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Assumpsit upon a promissory note, dated April 21, 1845, for sixty ttvo bushels of good coarse salt, to be delivered between the day .of the date and the middle of January, 1846. Pleas, the general issue, and tender. Trial by jury, June Term, 1848, — Redfield, J., presiding. On trial the plaintiff gave in evidence the note declared upon, and proved the value of good coarse salt at the time and place of delivery. The defendant then gave evidence tending to prove, that on the first day of January, 1846, he tendered to the plaintiff, at his residence, sixty two bushels of “Western salt,” of…
1Opinion of the Court
*439The opinion of the court was delivered by
Poland, J.
This case presents two questions for our consideration; — 1, As to the regularity of permitting the defendant to introduce farther evidence to support his defence, arising under his special pleas, after that defence had been attacked and attempted to be overthrown by evidence of the plaintiff; — 2, As to the correctness of the charge of the court to the jury.
Although there are certain established rules, which have obtained in the process of trying causes before a jury, and in the order of introducing the evidence of witnesses, yet these…
2Cases cited1 opinion
- Clayes & Morse v. Ferris & HigbeeSupreme Court of Vermont · 1838
3Cited by8 opinions
- Shields v. Vermont Mutual Fire InsuranceSupreme Court of Vermont · 1929
- State v. MagoonSupreme Court of Vermont · 1877
- Ranney v. St. Johnsbury & L. C. Rd.Supreme Court of Vermont · 1893
- Berry v. DoolittleSupreme Court of Vermont · 1909
- In Re Sawyer's WillSupreme Court of Vermont · 1930
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