Godding v. Orcutt
Supreme Court of Vermont
General assumpsit, but agreed to be treated as though it was an action of assumpsit upon a note dated December 12, 1856, for 166.24,- payable to the intestate or order, on demand, with the interest annually. Pleas, 1st, the general issue’; 2d, that the cause of action did not accrue within six years from the commencement of the action; 3d, payment.
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General assumpsit, but agreed to be treated as though it was an action of assumpsit upon a note dated December 12, 1856, for 166.24,- payable to the intestate or order, on demand, with the interest annually. Pleas, 1st, the general issue’; 2d, that the cause of action did not accrue within six years from the commencement of the action; 3d, payment. In the first plea the plaintiff joined issue ; to the second plea replied that the note was witnessed; and traversed the third plea. The defendant rejoined by joining issue in the traverse of his third plea, and by traversing the replication to his…
1Opinion of the Court
The opinion of the" court was delivered by
Redfield, J.
Memoranda on an execution, in the hand-writing of the intestate, “ stating that cattle bid off by him on the execution had gone back to the defendant, and also an endorsement on the execution of the Daniel Beckwith note, in the hand-writing of the intestate,” were admitted in evidence against the objection of the defendant. Also certain diaries, in which were memoranda made by the intestate, which purported to be invoices of property and “ included the note in suit, with the endorsement of the town order,- and the execution, with the…
2Cited by7 opinions
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- Stevenson v. Hugh Gunning's EstateSupreme Court of Vermont · 1892
- Barber's Adm'r v. BennettSupreme Court of Vermont · 1886
- Gleason & Field v. L. T. Kinney's AdministratorSupreme Court of Vermont · 1893
- Barber's Admr. v. BennettSupreme Court of Vermont · 1889
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