52 Vt. 110 | Vt. | 1879
The opinion of the court was delivered by
I. “No proof of any kind was offered to show “ that the plaintiff was ever sworn as collector. The defendant
II. In March, 1878, and before this suit was commenced, the defendant paid the $20 he had collected to Chappel, who had then ceased to be a resident of the town. It was necessary for the plaintiff to show that the defendant knew that Chappel had surrendered his tax-bill, and been settled with by the district before making such payment. To show this, C. A. J. Shores was called to the witness-stand by the plaintiff, who testified to telling the defendant that Chappel had surrendered his tax-bill and taken up his receipt. The witness was then asked if what he told him was true. This was objected and excepted to by the defendant, on the ground that it was inadmissible to show anything about a settlement with Chappel by the witness’s declaration. It appears that Shores was the clerk of the district, and hence was the proper person to receive back the tax-bill from Chappel, and to deliver it to the plaintiff, when duly qualified as collector. There is no requirement of the law making a record of such transaction necessary. Hence, the fact, if admissible to be shown, could be proven by any one who had personal knowledge of the transaction.
We do not think that this evidence was admissible on the ground claimed by the plaintiff’s counsel in argument, that because the fact was so, it therefore was more probable that Shores communicated it to the defendant. The knowledge of a fact in a witness has very little tendency to show that the witness communicated the fact on a given occasion. If the witness had been denying that he communicated a fact on a given occasion, as bearing upon the probability of the truth of his testimony when attacked or contradicted, it would be admissible to show that he
III. The defendant also excepted to the refusal of the court to allow him to go to the jury upon the question of whether the plaintiff demanded the $20 before he commenced the suit. The
The defendant in argument claimed that under the statute the defendant was bound to pay this money over to Chappel, notwithstanding he had ceased to be collector, and had passed his tax-bill back to the district. We do not find this question raised by the exceptions, and therefore have not considered it.
Judgment reversed, and eause remanded.