Legal Opinion

Billings v. Kneen

Supreme Court of Vermont

Decided February 15, 1885PublishedCited by 1 opinion

General Assumpsit. Plea, general issue. Heard by the court on the report of referees, December Term, 1884, Taet, J., presiding. Judgment for the plaintiff. The fact that the contract was not in writing does not affect the case. Free Press Association v. Nichols, 45 Yt. 18; Hawley v. Moody, 24 Yt. 60C; Mach v. Briggs, 30 Yt. 572. Defendant was a witness under the statute.

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General Assumpsit. Plea, general issue. Heard by the court on the report of referees, December Term, 1884, Taet, J., presiding. Judgment for the plaintiff. The fact that the contract was not in writing does not affect the case. Free Press Association v. Nichols, 45 Yt. 18; Hawley v. Moody, 24 Yt. 60C; Mach v. Briggs, 30 Yt. 572. Defendant was a witness under the statute. Kettell v. JR. R. Co. 56 Yt. 106; Poquet v. North Hero, 44 Yt. 91; Cheney v. Pierce, 38 Yt. 515. The defendant was not a competent witness. One party to a contract cannot testify when the opposite party to the contract is…

1Opinion of the Court

The opinion of the court was delivered by

Royce, Ch. J.

It appears that the plaintiff was thirteen years old in 1857, and was then and ever since has been a pauper and chargeable to the town of Woodstock; that he was a person of weak and feeble intellect and wholly incapable of making contracts, or attending to his own business. Mr. Wood was overseer of the poor for the town of Woodstock in 1857, and continued to hold that office down to the time of his death in 1875. In 1857 Mr. Wood as such overseer made a contract with defendant to care for, support, and clothe the plaintiff, for one year;…

2Cases cited2 opinions

  1. Cheney v. PierceSupreme Court of Vermont · 1866
  2. Poquet v. Town of North HeroSupreme Court of Vermont · 1871

3Cited by1 opinion

  1. Goslant v. Town of CalaisSupreme Court of Vermont · 1916

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