Supreme Court of Vermont, 1797

Richards v. Pearl

Richards v. Pearl
Supreme Court of Vermont · Decided June 15, 1797
1 D. Chip. 113

Counsel

House, for the plaintiff,, Adams, Deputy Sheriff,, D. Chipman, for defendants,

Richards v. Pearl

Opinion of the Court

The Court were unanimously of opinion, that the plaintiff, Richards, by virtue of the note and endorsement, had a right to receive payment on the note, or on execution obtained upon it, in the name of William Goodrich. — That the property of the oxen and the heifer, became, on the appraisal, vested in Richards, the owner of the note — not in William Goodrich, the nominal plaintiff. But it could not appear by the execution alone that it issued on a judgment obtained on the note in question. This was a point necessary to be proved, and can be proved by the record only. The record or a copy of it can be had, and this being the best evidence, no other can be admitted.

The cause was continued on terms.

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