Stearns v. Allen
Supreme Court of Vermont
Upon the trial of this case in the county court, it appeared that the plaintiff had indorsed a certain note to the defendant, and the main controversy in the case was, whether the words “ demand and notice waived,” which appeared over his indorsement upon the note, were placed there with his consent. A verdict was returned for the defendant, under the instructions of the court, and exceptions were taken, which, at the hearing in the supreme court, were waived.
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Upon the trial of this case in the county court, it appeared that the plaintiff had indorsed a certain note to the defendant, and the main controversy in the case was, whether the words “ demand and notice waived,” which appeared over his indorsement upon the note, were placed there with his consent. A verdict was returned for the defendant, under the instructions of the court, and exceptions were taken, which, at the hearing in the supreme court, were waived. After the case was entered in the supreme court, the plaintiff filed a petition for a new trial, upon the ground of new discovered…
1Opinion of the Court
The opinion of the court was delivered by
Williams, Ch. J.
The plaintiff does not rely on his exceptions, but asks for a new trial. The court rarely gr.ant a new trial for new discovered evidence. It appears there were three trials in the case in the county court, and the ground of defence was fully disclosed on the two last trials. At the trial in October, 1843, the petitioner had an opportunity of seeing the note, and must then have known, whether the entry above the indorsement, “ demand and notice waived,” was put there when he signed his name as indorser. He had every opportunity to…
2Cited by4 opinions
- Reynolds v. HassamSupreme Court of Vermont · 1884
- State v. HathornSupreme Court of Vermont · 1927
- Beebe v. BeebeCircuit Court of the 9th Circuit of Michigan · 1871
- Gardner v. GardnerMassachusetts Supreme Judicial Court · 1854