W. A. Paine v. Hamilton Webster

Decision Date01 October 1891
Citation23 A. 615,64 Vt. 105
PartiesW. A. PAINE v. HAMILTON WEBSTER
CourtVermont Supreme Court

GENERAL TERM, OCTOBER, 1891

Assumpsit. Plea, the general issue. Trial by jury at the September term, Washington county, 1890, Munson, J., presiding. Verdict and judgment for the defendant. The plaintiff excepts.

Judgment affirmed.

W. A. & O. B. Boyce, for the plaintiff.

F. L. Laird, for the defendant.

OPINION
ROWELL

This is assumpsit on an acceptance. Plaintiff produced the draft, proved the acceptance and demand and notice, and rested.

Defendant offered to show fraud and want of consideration, claiming that on such showing the plaintiff would have to show that he was an innocent purchaser for value. The testimony was admitted, to which plaintiff excepted.

At the close of defendant's testimony, plaintiff moved for a verdict in his favor, for that the defendant had not established fraud nor want of consideration nor connected the plaintiff with any of the proceedings of the drawers, which motion was overruled and plaintiff excepted. After this further testimony was introduced by both parties.

By putting in further testimony, plaintiff waived his exception to the overruling of his motion. Latremouille v. Bennington & Rutland Railway Co., 63 Vt. 336.

No point is made in plaintiff's brief on the admission of evidence to show fraud and want of consideration, nor as to the admission of certain letters, postal-cards, telegrams, and other written or printed instruments relating to defendant's dealings with the drawers, to the admission of which plaintiff excepted, hence we have no occasion to consider those questions.

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4 cases
  • Victor D'orazio Et Ux. v. Benjamin Pashby
    • United States
    • Vermont Supreme Court
    • 7 de maio de 1930
    ... ... noted to the overruling of their motion. Paine" v ... Webster, 64 Vt. 105, 23 A. 615; Swerdferger ... v. Hopkins, 67 Vt. 136, 31 A. 153 ...  \xC2" ... ...
  • W. B. Johnson & Co. v. Central Vermont Railway Co.
    • United States
    • Vermont Supreme Court
    • 27 de maio de 1911
    ... ... noticed on the defendant's brief, and these are treated ... as waived. Johnson v. Paine, 84 Vt. 84; ... Stevens v. Goodenough, 83 Vt. 303, 75 A ... 398; Paine v. Webster, 64 Vt. 105, ... ...
  • Elbert N. Wood v. Central Vermont Railway Co.
    • United States
    • Vermont Supreme Court
    • 11 de outubro de 1915
    ...defendant of its exception to the overruling of the motion. Latremouille v. Bennington & R. Ry. Co., 63 Vt. 336, 22 A. 656; Paine v. Webster, 64 Vt. 105, 23 A. 615; Noyes v. Parker, 64 Vt. 379, 24 A. Swerdferger v. Hopkins, 67 Vt. 136, 31 A. 153. The case stands therefore on exceptions to t......
  • Joseph A. Wing, Admr. v. Christopher S. Spaulding And Others
    • United States
    • Vermont Supreme Court
    • 1 de outubro de 1891

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