Town of Peacham v. Carter
Supreme Court of Vermont
Indebitatus Assumpsit for money had and received. Plea, the general issue, and trial by jury, December Term, 1848, — Poland, J., presiding.
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Indebitatus Assumpsit for money had and received. Plea, the general issue, and trial by jury, December Term, 1848, — Poland, J., presiding. The suit was brought by the town, to recover from the defendant the sum of $13,00, paid by the selectmen of the town to him for damages, which he claimed to have sustained by reason of the want of repair of a highway in the town; and the plaintiffs claimed to recover upon the ground, that the payment was procured by the defendant wholly by fraud. On the trial the plaintiffs offered, as a witness, one of the selectmen of the town, who, in connection with…
1Opinion of the Court
The opinion of the court was delivered by
Poland, J.
1. The first question in this case is as to the admissibility of the selectman of Peacham, offered as a witness. We see no reason, why he was not properly admitted. His interest as an inhabitant and tax payer of the town is removed by statute; and the mere fact, that he was an officer of the town, and, as such, assisted in the commencing and prosecuting of this suit, could not make him any more legally interested ; — it was an objection to his credibility merely, and not to his competency. The suit must be taken, of course, in the absence of…
2Cases cited1 opinion
- Yuran v. Inhabitants of RandolphSupreme Court of Vermont · 1834
3Cited by4 opinions
- Sunday v. Stratton Corp.Supreme Court of Vermont · 1978
- Clement v. SpearSupreme Court of Vermont · 1883
- In re Will of SmithSupreme Court of Vermont · 1914
- Gimelli v. Waterbury Cadillac Co., IncSupreme Court of Connecticut · 1929