Pratt v. Gallup
Supreme Court of Vermont
This was an action of book account, brought originally before a justice of the peace, and carried up to the county court by appeal, and now comes before this court on exceptions taken by the plaintiff to £he judgment of the county court upon the report of auditors'.The report disclosed, among other things not necessary fó be Sta'-' ted,- that thé defendant had plead a tender to thé'plaintiff of $2, 50, which he charges' on book, and attempted to s'ustain by his own oath,…
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This was an action of book account, brought originally before a justice of the peace, and carried up to the county court by appeal, and now comes before this court on exceptions taken by the plaintiff to £he judgment of the county court upon the report of auditors'.The report disclosed, among other things not necessary fó be Sta'-' ted,- that thé defendant had plead a tender to thé'plaintiff of $2, 50, which he charges' on book, and attempted to s'ustain by his own oath, slightly corroborated by the deposition of one H. M. Bates. The report however states, that the tender was allowed by the…
1Opinion of the Court
The opinion of the court was delivered by
Williams, Ch. J.
— The first question which arises in this case is, whether the fact of a tender, relied on by the defendant, was sufficiently established. The auditors state, that it was found from testimony of defendant alone, and the question is, whether he was a competent witness to that fact, in the trial before auditors. It is, and has been for a long lime, vexata questio, as to what facts the parties may testify in this action; and it is difficult to lay down any general rules upon the subject. Most of the questions arising .are' referred to, and…
2Cited by1 opinion
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