Burgess v. Dewey
Supreme Court of Vermont
Assumpsit upon a promissory note. Plea the general issue with notice of special matter in defence, and trial by jury at the September Term, 1860, — Aldís, J., presiding. The material facts in the case, as well as that portion of the charge of the county court to which the plaintiff excepted, are sufficiently stated in the opinion of the court.
1Opinion of the CourtPierpoint, J.
It is conceded that this suit is brought for the sole benefit of Davis, the original payee of the note, and is to be governed by the same legal principles that would have been applicable if the suit had been brought in his name. It appears from the case that the note now in suit was executed by the defendants in part payment of a note executed by the defendant, Dewey, to Davis, jointly with, and as sureties for Dewey & Green, and the most important qnestion in the case arises upon the charge of the court as to the agreement which the defendants’ evidence tended to show was entered into…
2Cited by4 opinions
- Berry v. PullenSupreme Judicial Court of Maine · 1879
- Smith v. HydeSupreme Court of Vermont · 1863
- Vary v. NortonU.S. Circuit Court for the District of Western Michigan · 1881
- Thayer v. KingNew York Supreme Court · 1884