Curtis v. Ingham
Supreme Court of Vermont
This was an action of debt on a judgment, recovered in 1822, The defendant pleaded in bar payment and satisfaction in full since the commencement of the present action. This plea was traversed, and the issue joined to the jury.
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This was an action of debt on a judgment, recovered in 1822, The defendant pleaded in bar payment and satisfaction in full since the commencement of the present action. This plea was traversed, and the issue joined to the jury. The defendant’s tes* timony tended to prove, that. the plaintiff, when called upon in JVew-Yorlc, for a settlement of this judgment, and some other matters, claimed as offsets in part, said he should do nothing about it; that he had given a power of attorney to his wife to settle the matter, and adjust the demands the defendant had against him ; and that whatever…
1Opinion of the CourtHutchinson, J.
after stating the case, delivered the opinion of the Court. — It appears by the case that the defendant succeeded on trial,by showing a settlement with Farnham, and a discharge *289ífróm him. Now, it is objected that Farnham had no authority to bind the plaintiff by his settlement and discharge. The defendant showed this by proving, that the plaintiff said, while absent from his family, and in the state of JVew York, that he had given his wife a power of attorney to settle his matters with the defendant, and Use the avails; and that she said she had sold to Farnham the judgment upon which this…
2Cited by7 opinions
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- Birdsall v. DunnWisconsin Supreme Court · 1862
- Comeau v. C. C. Manuel & Sons Co.Supreme Court of Vermont · 1911
- Underwood v. HartSupreme Court of Vermont · 1850
- Riley v. SuydamNew York Supreme Court · 1848
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