Hunter v. Kittredge's Estate
Supreme Court of Vermont
BOOK account. Ah appeal having been taken from the decision of the commissioners upon the' plaintiff’s claim against the estate of Ira Kittredge, the plaintiff filed in the county court a declaration on book. Judgment to account was rendered and the case referred to an auditor, who reported a balance due the plaintiff to balance book accounts between the parties, subject to questions of law raised by the parties.
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BOOK account. Ah appeal having been taken from the decision of the commissioners upon the' plaintiff’s claim against the estate of Ira Kittredge, the plaintiff filed in the county court a declaration on book. Judgment to account was rendered and the case referred to an auditor, who reported a balance due the plaintiff to balance book accounts between the parties, subject to questions of law raised by the parties. The plaintiff’s counsel offered James Hunter, the plaintiff, as a witness, who testified that the charges on the plaintiff’s- book were in the handwriting of the plaintiff’s son, and…
1Opinion of the Court
The opinion of the court was delivered by
Wilson, J.
I. The plaintiff was a competent witness in his own favor “ so far as to prove in whose handwriting his charges are, and when made, and no further.” Gen. Sts., ch. 36, § 24. It is claimed by the plaintiff’s counsel that the statute above referred to, as interpreted by the court in the case of Thrall & Smith v. Seward, admr., 37 Vt., 573, allows the surviving party to be a -witness generally in all actions of book account. In that case the court say: “ It can hardly be supposed that the legislature, by this recent statute extending the right…
2Cases cited8 opinions
- Bell v. MorrisonSupreme Court of the United States · 1828
- Phelps v. StewartSupreme Court of Vermont · 1839
- Kimball v. Estate of BaxterSupreme Court of Vermont · 1854
- Blake v. ParlemanSupreme Court of Vermont · 1841
- Johnson v. DexterSupreme Court of Vermont · 1865
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
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- Sloan v. HerrickSupreme Court of Vermont · 1877
- People ex rel. Woodward v. DraperNew York Supreme Court · 1910
- Woodbury v. Woodbury's EstateSupreme Court of Vermont · 1875
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