Stewart v. Martin
Supreme Court of Vermont
Trover for a promissory note. Plea, the general issue, and trial by jury, September Term, 1875, Pierpoint, C. J., presiding.
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Trover for a promissory note. Plea, the general issue, and trial by jury, September Term, 1875, Pierpoint, C. J., presiding. All material facts in the case appear in the opinion, except that it appeared from the plaintiff’s testimony, that when the note in question was given, the defendant expressly agreed to surrender it to the plaintiff when th'e plaintiff had procured the lien on the horse to be discharged, and had paid the defendant five dollars for his trouble. • The court, after hearing all the evidence, directed a verdict for the defendant; to which the plaintiff excepted. cited…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
The court, after the plaintiff’s evidence- was received subject to the objection of the defendant, directed the jury to return a verdict for the defendant. To this, the plaintiff excepted. The County Court erred in thus directing the jury to return a verdict, if the evidence introduced by the plaintiff tended to establish a right of action in his favor. The plaintiff had the right to have the jury pass upon the sufficiency of the evidence, if it tended to establish his right to recover. The plaintiff’s evidence tended to show that he exchanged…
2Cases cited1 opinion
- Park v. McDanielsSupreme Court of Vermont · 1865
3Cited by2 opinions
- Labbee v. JohnsonSupreme Court of Vermont · 1894
- Kinnear & Gager Manufacturing Co. v. MinerSupreme Court of Vermont · 1914