West-Nesbitt, Inc. v. Randall

Smith, J.

(dissenting).

The vital question for determination here was whether the note upon which this action was brought was accepted in Oneonta, New York, or in Vermont by an agent of the plaintiff. This was a question of fact, and the determination of the question was for the lower court.

The only evidence presented relative to the acceptance of the note was given by Mr. Leo Partch, sales representative of the plaintiff company. It was Mr. Partch’s testimony that he mailed the note to the company at Oneonta, New York after it was signed by the defendants. Partch then testified that he was informed by a telephone message from the company that the note had been accepted. While an objection was made by the defendant to the witness testifying as to the individual with whom he had the telephone conversation, no objection was made to the testimony that a telephone conversation did take place.

Nor was any objection made by the defendants to the following questions and answers: “A. Yes. The note was in payment of a feed bill from Pure Feed Grain Company, which was a subsidiary of WestNesbitt, Inc. Q. And the company told you it had been accepted for that? A. Yes.”

While this evidence might have been excluded on proper objection made, in the absence of such objection it was properly considered by the lower court and resulted in the judgment below for the plaintiff. In attempting to raise the question here of the admission of the evidence, just quoted, the defendants in their brief here refer us merely to the pages of the transcript and make the unsupported statement *487that “the court’s ruling was prejudicial and arbitrary and is therefore reversible.” A brief that merely states a contention, without aid of argument of supporting authorities, presents no question for review. Knight v. Willey, 120 Vt. 256, 258, 138 A.2d 596.

The judgment below was supported by the only evidence adduced in the cause on where the final acceptance of the note was made. No objection was made to the admission of such evidence below, nor is any exception to its admittance properly briefed here. I would affirm the judgment of the lower court.