Wills & Fairbanks v. Judd
Supreme Court of Vermont
Assumpsit. The declaration contained the common counts, for work and labor ; for goods, wares, and merchandize ; for money lent, advanced, paid, &c; and for money had and received, &c. Plea, the general issue and notice.
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Assumpsit. The declaration contained the common counts, for work and labor ; for goods, wares, and merchandize ; for money lent, advanced, paid, &c; and for money had and received, &c. Plea, the general issue and notice. The case was referred, under a rule of court, to a referee, who reported substantially the following facts : That the plaintiffs commenced business in co-partnership, as merchants, in April, 1845, and continued in business till September 29, 1851, when they failed in business, assigned all their merchandize and all their hook accounts, except the account of the firm against…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, Ch. J.
I. That the plaintiff, Wills, was a competent witness, being fully released from all interest, and willing to give testimony, there can be no doubt. Notwithstanding any objection from others, who were interested in the suit, on the part of the party called, as a witness. This very point was decided, by this court, many years since, in the county of Caledonia, in the case of Silver, Pierce & Co. v. Lyman et al., which has since repieatedly been acted upon, in this court, and oftener, at the jury trials, in the county court, and which did…
2Cases cited3 opinions
- Walbridge v. KibbeeSupreme Court of Vermont · 1848
- Foot v. KetchumSupreme Court of Vermont · 1843
- Miner v. DownerSupreme Court of Vermont · 1848
3Cited by2 opinions
- Pratt v. PageSupreme Court of Vermont · 1859
- Russell v. DavisSupreme Court of Vermont · 1896