Public-domain · open source
OpenJurist

16 Vt. 558

Campbell v. Day

Supreme Court of Vermont

Decided March 15, 1844

Supreme Court of Vermont · decided 1844-03-15

Assumpsit on a promissory note, signed by the defendant, and made payable to the plaintiff, or order. Plea, the general issue, and trial by jury. On trial the execution of the note by the defendant was conceded. The defendant then gave in evidence a writing, purporting to be a receipt in full for the amount of the note, and signed by the plaintiff.

Cited by 2 later decisions — most recently April 1893

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1844-03-15

View the full empirical analysis of this case →

¶1The opinion of the court was delivered by

Williams, Ch. J.

¶2The writing executed by the plaintiff was read in evidence, and was not objected to. No legal objection could be made to it. It was the acknowledgment of the party on record, and the court could not assume it to have been proved that he had no interest in the case. That was a question, which the jury were to find.

¶3The law was correctly laid down to the jury; though it was not a direct and literal answer to the request. It is incumbent on the court to charge the law correctly, and they may adopt their own language; they are not required to answer every request precisely in the words made use of in the request. We believe, if the plaintiff has sustained any injury, it cannot be because the court did not give the law to the jury in an explicit and satisfactory manner.

¶4The judgment of the county court is therefore affirmed.

/16/vt/558 · .json · Public domain