Legal Opinion

Isaacs v. Elkins

Supreme Court of Vermont

Decided August 15, 1839PublishedCited by 8 opinions

Assumpsit on a promissory note. Plea, non assumpsit, and issue to the court, by agreement of the parties. The plaintiff read in evidence the note declared upon, without objection, and rested his case. The defendant proved, that, at the time of giving said note, and for some time before, and afterwards, he was engaged in the business of buying horses, for the use of the British government in Canada.

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Assumpsit on a promissory note. Plea, non assumpsit, and issue to the court, by agreement of the parties. The plaintiff read in evidence the note declared upon, without objection, and rested his case. The defendant proved, that, at the time of giving said note, and for some time before, and afterwards, he was engaged in the business of buying horses, for the use of the British government in Canada. That on the 3d day of May, 1838, he was at Troy, in the county of Orleans, on the business aforesaid, when one Emerson appeared there with two horses, which he offered for- sale to 'the defendant.…

1Opinion of the Court

The opinion of the court was delivered by

Redfield, J.,

This case is so precisely the same in principle, with that of Bentley v. Bradley, 8 Vt. R. 243, as not to be in any mannner distinguishable from it. We could not reverse the judgment of the county court in this case, *682without directly overruling the authority of that case. It is of more importance, perhaps, that the course of decisions should be uniform and stable, than even that it should be absolutely the soundest and wisest course, which might have been adopted. It was there considered, that proof, such as was offered in the present…

2Cited by8 opinions

  1. Alexander v. ChevalierSupreme Court of Vermont · 1924
  2. Aetna Chemical Co. v. Spaulding & Kimball Co.Supreme Court of Vermont · 1924
  3. American Emigrant Co. v. ClarkSupreme Court of Iowa · 1878
  4. Gillett v. BallouSupreme Court of Vermont · 1857
  5. Kinnear & Gager Manufacturing Co. v. MinerSupreme Court of Vermont · 1914

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