Webster v. Smith
Supreme Court of Vermont
The original action was assumpsit on a note. Pleadings referred to but not furnished the reporter. Trial by court, Washington County, September Term, 1897, Tyler, J., presiding. Judgment for defendant upon facts found. Plaintiff excepted. On trial the plaintiff produced the note sued on, which bore the name of one Allen Perry as witness, and introduced evidence tending to show that the note was witnessed according to the statute when it was executed and delivered.
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The original action was assumpsit on a note. Pleadings referred to but not furnished the reporter. Trial by court, Washington County, September Term, 1897, Tyler, J., presiding. Judgment for defendant upon facts found. Plaintiff excepted. On trial the plaintiff produced the note sued on, which bore the name of one Allen Perry as witness, and introduced evidence tending to show that the note was witnessed according to the statute when it was executed and delivered. The defendant, against objection, was permitted to testify that the note was not a witnessed note when it was delivered, and the…
1Opinion of the CourtMunson, J.
It was not error to permit the defendant to testify that the note in suit was not a witnessed note when delivered. The rule which prohibits the introduction of parol evidence to vary a written instrument has no application when the legal existence or binding force of the instrument is in question. This evidence was not offered to vary the defendant’s writing, but to show that the note as presented was not his writing.
Judgment affirmed.
A petition for a new trial in the above case, brought to the Supreme Court by the plaintiff therein, was heard with the case on the bill of exceptions. The…
2Cited by12 opinions
- Rice v. RiceSupreme Court of Kansas · 1917
- Storey v. StoreyCourt of Appeals for the Seventh Circuit · 1914
- Vaillancourt v. Grand Trunk Railway Co.Supreme Court of Vermont · 1909
- In re Bugbee's WillSupreme Court of Vermont · 1917
- State v. PierceSupreme Court of Vermont · 1914
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