Kelly v. Pember
Supreme Court of Vermont
Assumpsit. The facts in the case sufficiently appear in the opinion of the court. The cause was tried by the court at the September Term, 1861, Kellogg, J., presiding. The county court decided that the plaintiff was entitled to recover the amount of the note in suit, and rendered judgment accordingly, to which the defendant excepted.
1Opinion of the CourtPeck, J.
The action is upon a promissory note dated June 2nd, 1852, payable to Emily E. Walker, for $125. The defence relied on is that the note was given as part of the purchase price of a lot of timber land purchased by and conveyed to the defendant at the date of the note, and that a fraud was committed by the seller upon the defendant in the sale, and that the damages resulting from the fraud exceed the amount of the note, and exceed even the whole purchase price of the land. The facts found by the county court fully sustain the defence, in point of fact, and the question presented for the…
2Cases cited1 opinion
- Harlow v. GreenSupreme Court of Vermont · 1861
3Cited by9 opinions
- Land Finance Corp. v. Sherwin Electric Co.Supreme Court of Vermont · 1929
- Myers v. EstellMississippi Supreme Court · 1872
- Oben v. AdamsSupreme Court of Vermont · 1915
- Childs v. MerrillSupreme Court of Vermont · 1891
- Briggs v. BoydSupreme Court of Vermont · 1865
4 more not listed; retrieve them via the Exa API.