Barber's Admr. v. Bennett
Supreme Court of Vermont
This was an action of general assumpsit. Plea, the general issue, payment, set-off, and that as to the item for board and washing, Charles Jewett should have been joined asco-plaintiff. Trial by jury, at the December Term, 1888, Bennington County, Tart, J., presiding. Yerdict and judgment for the plaintiff. Exceptions by the defendant. The plaintiff, among other things, sought to recover $175 for money furnished by the intestate to the defendant.
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This was an action of general assumpsit. Plea, the general issue, payment, set-off, and that as to the item for board and washing, Charles Jewett should have been joined asco-plaintiff. Trial by jury, at the December Term, 1888, Bennington County, Tart, J., presiding. Yerdict and judgment for the plaintiff. Exceptions by the defendant. The plaintiff, among other things, sought to recover $175 for money furnished by the intestate to the defendant. It appeared that the intestate had paid to the Plunket & Barber Manufacturing Co. $200 in October, 1868, on account of the defendant. It was…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
In 1868 the intestate paid to D. J. Barber, the treasurer of the Rlunket & Barber Manufacturing Company, to be placed by the company to the credit of the defendant, the sum of $200. The treasurer credited this sum in two items, one of $175 and the other of $25. In the margin, against the first-named sum, the treasurer had minuted “E. B.,” and against the $25, “ self.” Against the exception of the defendant, D. J. Barber, a witness for the plaintiff, was allowed to tes*57tify, as a part of the res gestos, that the intestate told him, when he paid…
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