Cairns v. Mooney
Supreme Court of Vermont
Action, assumpsit. Plea, the general issue. Trial by jury, at the September Term, 1889, Powers, J., presiding. Yerdict and judgment for the plaintiff. Exceptions by the defendant. The plaintiff sued for the price of certain apples sold by her testator to the defendant. The defendant claimed that the quality of the apples was not according to the contract, and offered to so testify himself.
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Action, assumpsit. Plea, the general issue. Trial by jury, at the September Term, 1889, Powers, J., presiding. Yerdict and judgment for the plaintiff. Exceptions by the defendant. The plaintiff sued for the price of certain apples sold by her testator to the defendant. The defendant claimed that the quality of the apples was not according to the contract, and offered to so testify himself. To his testimony the plaintiff objected, for that the other party to the contract was dead. Thereupon the defendant insisted, and his evidence tended to show, that the contract was not made with the…
1Opinion of the Court
The opinion of the court was delivered by
Tart, J.
The defendant was not a competent witness, “unless the contract in issue was originally made with a person who is (was) living and competent to testify.” The defendant claimed that the contract for the apples was made with Harvey Cairns, acting as agent for the testate, and who was present at the trial and testified. Conceding that the testimony of the defendant’s witness tended to establish the fact of agency, the question was one for the court. The defendant insists that he should have been permitted to testify, and the question of agency…
2Cases cited8 opinions
- Hartford Fire Insurance v. ReynoldsMichigan Supreme Court · 1877
- Holcomb v. HolcombSupreme Court of Connecticut · 1859
- Snowden v. WarderSupreme Court of Pennsylvania · 1831
- Harris v. WilsonNew York Supreme Court · 1831
- State v. HopkinsSupreme Court of Vermont · 1877
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- State v. StacySupreme Court of Vermont · 1932
- Hassam v. J. E. Safford Lumber Co.Supreme Court of Vermont · 1909
- Cole v. North Danville Cooperative Creamery Ass'nSupreme Court of Vermont · 1930
- Boville v. Dalton Paper MillsSupreme Court of Vermont · 1912
- Ellis J. Gomez & Co. v. HartwellSupreme Court of Vermont · 1923
6 more not listed; retrieve them via the Exa API.