Farrington v. Jennison
Supreme Court of Vermont
Assumpsit. Plea, the general issue and offset. Trial by jury at the December term, 1894, Caledonia county, Mun-son, J., presiding. Verdict and judgment for the plaintiff. The defendant excepts. The plaintiff claimed to recover upon certain promissory notes given by the defendant to E. W. Farrington, or bearer, and transferred by the said E. W. to the plaintiff.
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Assumpsit. Plea, the general issue and offset. Trial by jury at the December term, 1894, Caledonia county, Mun-son, J., presiding. Verdict and judgment for the plaintiff. The defendant excepts. The plaintiff claimed to recover upon certain promissory notes given by the defendant to E. W. Farrington, or bearer, and transferred by the said E. W. to the plaintiff. The defendant filed a specification under his plea in off-set of certain sums which he claimed to have paid to the said E. W. Farrington in his lifetime, but which had not been endorsed upon the notes, and the only question litigated…
1Opinion of the CourtRoss, C. J.
The cause of action, in issue and on trial, was the mortgage notes, given by the defendant to E. W. Farrington, and by him transferred to the plaintiff. E. W. Farrington has now deceased. The defendant pleaded the general issue. This compelled the plaintiff to produce in evidence, and rely upon, his notes. This gave him the right to open and close the argument to the jury. The execution of these notes was not contested. The contention was in regard to whether certain sums claimed by the defendant to have been paid by him to E. W. Farrington, to be applied upon the notes in suit, had been so…
2Cases cited4 opinions
- Downs v. BeldenSupreme Court of Vermont · 1874
- Morse v. LowSupreme Court of Vermont · 1872
- Taylor v. FinleySupreme Court of Vermont · 1874
- Banister v. OvittSupreme Court of Vermont · 1892
3Cited by5 opinions
- Paska v. SaundersSupreme Court of Vermont · 1931
- Rowell v. Estate of LewisSupreme Court of Vermont · 1900
- McDonald v. PlaceSupreme Court of Vermont · 1914
- Johnson v. MooreSupreme Court of Vermont · 1938
- P. Ballantine & Sons v. FennSupreme Court of Vermont · 1914