Bradley v. Pratt
Supreme Court of Vermont
Assumpsit upon a promissory note, dated October 5, 1846, and made payable to the plaintiff, or order, on demand. Pleas, the general issue, and infancy. Replication to the plea of infancy, that the note was given for necessaries; and issue was joined. Trial by the court, September Adjourned Term, 3849, — Kellogg, J., presiding.
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Assumpsit upon a promissory note, dated October 5, 1846, and made payable to the plaintiff, or order, on demand. Pleas, the general issue, and infancy. Replication to the plea of infancy, that the note was given for necessaries; and issue was joined. Trial by the court, September Adjourned Term, 3849, — Kellogg, J., presiding. On trial the plaintiff gave in evidence the note declared upon, and also gave in evidence two depositions of Legrand Bradley, and the defendant gave in evidence the deposition of John Pratt. This was all the evidence given upon either side. The note was not expressed,…
1Opinion of the Court
The opinion of the court was delivered by
Redfiekd, J.
The question of the interest of Legrand Bradley is not so stated in the bill of exceptions, as to enable us to understand the assumed facts, upon which the court did decide it. There is no finding expressly of all the facts testified to. The depositions are not in terms referred to, as containing the facts found in the case. And the bill of exceptions professing, as it does, to state the facts found by the court, and no reference being made to the depositions for any other facts, it is impossible for us to say, that the court found other…
2Cases cited2 opinions
- Holden Taft & Co. v. PikeSupreme Court of Vermont · 1842
- Swasey v. Administrator of VanderheydenNew York Supreme Court · 1813
3Cited by3 opinions
- Hicks v. Pacific RailroadSupreme Court of Missouri · 1877
- Ray v. TubbsSupreme Court of Vermont · 1878
- Stannard v. Burns' Admr.Supreme Court of Vermont · 1891