Davis v. Fuller
Supreme Court of Vermont
This was an action on the case, for obstructing the water which flowed through the plaintiff’s land, being a part of lot No. 133, situated on the Missisquoi river, in Enosburgh, by the erection of a dam, by the defendants, across the same stream, below the plaintiff’s land, by means of which the water was caused to flow back upon the plaintiff’s mill and injure him in the use of it. Plea, not guilty. Issue to the country.
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This was an action on the case, for obstructing the water which flowed through the plaintiff’s land, being a part of lot No. 133, situated on the Missisquoi river, in Enosburgh, by the erection of a dam, by the defendants, across the same stream, below the plaintiff’s land, by means of which the water was caused to flow back upon the plaintiff’s mill and injure him in the use of it. Plea, not guilty. Issue to the country. Upon the trial in the county court, the plaintiff offeréd in evidence a deed from George Woodworth to the plaintiff, dated the 20th day of October, 1832, conveying a part of…
1Opinion of the Court
The opinion of the court was delivered by
Collamer, J.
— There is much diversity, in the authorities, in relation to apparent alterations in written instruments. By some it is considered such alterations are to be presumed to have been made by the holder after delivery, and that unless he rebuts this presumption, and shows it was made before delivery, or by mutual consent, it destroys the paper. This *189seems to presume the holder is guilty of forgery and has destroyed his own security. Other law writers consider that such alterations are to be presumed made before delivery or' by consent, until…
2Cases cited1 opinion
- Crooker v. BraggNew York Supreme Court · 1833
3Cited by12 opinions
- Martin v. Des Moines Edison Light Co.Supreme Court of Iowa · 1906
- Vansickle v. HainesNevada Supreme Court · 1872
- Sever v. Minneapolis & St. Louis Ry. Co.Supreme Court of Iowa · 1912
- Piper v. VoorheesSupreme Judicial Court of Maine · 1931
- Platte Water Co. v. Northern Colorado Irrigation Co.Supreme Court of Colorado · 1889
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