Allen, Adams & Co. v. Harrison
Supreme Court of Vermont
Assubipsit for money had and received. Plea, the general issue, and trial by jury. Alanson Allen, one of the plaintiffs of record, was introduced as a witness by the plaintiffs, and testified that in April, 1852, the plaintiffs were indebted to one John Dewey, and that the defendant brought Allen a note in the defendant’s favor against Dewey, dated December 19, 1851, which note the testimony introduced by the plaintiff tended to show had previously been paid by Dewey to the…
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Assubipsit for money had and received. Plea, the general issue, and trial by jury. Alanson Allen, one of the plaintiffs of record, was introduced as a witness by the plaintiffs, and testified that in April, 1852, the plaintiffs were indebted to one John Dewey, and that the defendant brought Allen a note in the defendant’s favor against Dewey, dated December 19, 1851, which note the testimony introduced by the plaintiff tended to show had previously been paid by Dewey to the defendant, and told him that Dewey wished the plaintiffs to take up the note, and that, supposing it all right, he took…
1Opinion of the Court
The opinion of the court was delivered by
Pierpoint, J.
The case shows that on the trial Alanson Allen was offered as a witness by the plaintiffs and testified. The defendant then offered to prove the declarations of one of the plaintiffs that the witness Allen had given a different relation of *221the transaction testified to by him, than the one sworn to on the stand; this was objected to by the plaintiffs and admitted by the court.
That it was competent for the defendant to prove the fact, that the witness had given contradictory accounts of the transaction, for the purpose of impeaching his…
2Cited by1 opinion
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