Mattocks v. Lyman & Cole
Supreme Court of Vermont
Assumpsit. The declaration set forth in substance, in several counts, that the plaintiff and defendants entered into an agreement, by which the defendants were to furnish money, and the plaintiff was to purchase wool for them, which the defendants were to sell, and, if the profits exceeded $200, to pay to the plaintiff for his services one half of the amount of profits, — but if they were less than that sum, then to pay the plaintiff one third; and the plaintiff averred that…
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Assumpsit. The declaration set forth in substance, in several counts, that the plaintiff and defendants entered into an agreement, by which the defendants were to furnish money, and the plaintiff was to purchase wool for them, which the defendants were to sell, and, if the profits exceeded $200, to pay to the plaintiff for his services one half of the amount of profits, — but if they were less than that sum, then to pay the plaintiff one third; and the plaintiff averred that the money had been furnished and the wool purchased, as agreed, and that the defendants had sold the same at a profit,…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J,
1. It is argued, in the present case, that .the defendants are entitled to a new trial, because a witness was permitted to testify from a memorandum, and to facts of which, aside from the memorandum, he could not, at the time, and did not profess distinctly to recollect. We do not think the decision below was erroneous in this respect. There are many facts which no memory could possibly carry along, without the aid of memoranda; and *118when they are committed to writing the detail- of the facts is dismissed from the memory, and they are the…
2Cases cited2 opinions
- Vail v. StrongSupreme Court of Vermont · 1838
- Gale v. LincolnSupreme Court of Vermont · 1839
3Cited by31 opinions
- Scott v. StateSupreme Court of Alabama · 1857
- Holmes v. United StatesDistrict of Columbia Court of Appeals · 1990
- Davis v. FieldSupreme Court of Vermont · 1884
- Jasmin v. ParkerSupreme Court of Vermont · 1930
- Smith Et Ux. v. Amer. Stores Co.Superior Court of Pennsylvania · 1944
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