Public-domain · open source
OpenJurist

64 Vt. 105

Paine v. Webster

Supreme Court of Vermont

Decided October 15, 1891

Supreme Court of Vermont · decided 1891-10-15

Assumpsit. .Plea, tlie general issue. Trial by jury at the September term, Washington county, 1890, Munson, J., presiding. Yerdict and judgment for the defendant. The plaintiff excepts. By putting in further evidence the plaintiff waived his exception to the refusal of the court to direct a verdict. Latremouille, Admr., v. Bennington <& Rutland Ry. Co., 63 Yt. 336.

Cited by 3 later decisions — most recently May 1930

3 state decisions

Relies on Latremouille v. Bennington & Rutland Ry. Co.

Good law ✅— No negative treatment on recordhow we know

Decided 1891-10-15

View the full empirical analysis of this case →

¶1The opinion of the Court was delivered by

ROWELL, J".

¶2This is assumpsit on an acceptance. Plaintiff produced the draft, proved the acceptance and demand and notice, and rested.

¶3Defendant 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.

¶4At the close of defendant’s testimony, plaintiff moved for a verdict in his favor, for that the defendant had not established *106.fraud nor want of consideration nor connected tbe 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.

¶5By putting in further testimony, plaintiff waived his exception to the overruling of his motion. Latremouille v. Bennington & Rutland Railway Co., 63 Vt. 336.

¶6No 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.

¶7Judgment affirmed.

/64/vt/105 · .json · Public domain