Boardman v. Wood
Supreme Court of Vermont
This was an action of assumpsit, brought against C. and J. W. Wood on an alleged agreement made by them with the plaintiffs, Joel Boardman and Clark Foot, not to sue one Horace Boardman, a debtor to the defendants, within one year from the time of making the agreement. Plea the general issue.
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This was an action of assumpsit, brought against C. and J. W. Wood on an alleged agreement made by them with the plaintiffs, Joel Boardman and Clark Foot, not to sue one Horace Boardman, a debtor to the defendants, within one year from the time of making the agreement. Plea the general issue. The facts in the case are particularly narrated in the following bill of exceptions, which was allowed at the trial in the county court : “ On empanneling the jury, one of the jurors, in answer to an inquiry put to him, stated,that he heard most of the case on a former trial, and then formed an opinion…
1Opinion of the Court
After argument, the opinion of the Court was delivered by
Williams, J.
The following questions arise in this case : 1st. Whether Horace Boardman was a competent witness for the plaintiffs. 2d. Whether the testimony of the commissioners who took the evidence in the case between the defendants and Horace Boardman, ought to have been received for the purpose for which it was offered. 3d. Whether the jury were properly instructed in relation to the several demands which had come into the hands of the plaintiffs, and also as to the rule of damages. 4th. Whether the rule adopted by the county court…
2Cases cited1 opinion
- Adams v. DyerNew York Supreme Court · 1811
3Cited by5 opinions
- State v. PotterSupreme Court of Connecticut · 1846
- State v. SawtelleSupreme Court of New Hampshire · 1891
- State v. PhairSupreme Court of Vermont · 1875
- State v. MeakerSupreme Court of Vermont · 1881
- State v. HowardSuperior Court of New Hampshire · 1845