64 Vt. 361
Decided January 15, 1892
Supreme Court of Vermont · decided 1892-01-15
Exceptions from the City Oourt of Burlington. The action was special assumpsit for the amount of a promissory note. Plea, the statute of limitations. Replication that the note was a witnessed note. Trial by court. The note was payable to Edward P. Howe and was attested by Elizabeth A. Howe as a witness. It was conceded that Elizabeth A. Howe was the wife of Edward P. Howe.
Decided 1892-01-15
¶1The opinion of the court was delivered by
¶2The consent of the defendant, with full knowledge of the situation, that the wife might witness the note, made her competent to do so, and he cannot now be permitted to take this objection. The judgment of the City Court was correct and the same is
¶3Affirmed.