Legal Opinion

Johnson v. Catlin

Supreme Court of Vermont

Decided December 15, 1854PublishedCited by 5 opinions

Action upon.a hill of exchange or promissory note in the name of a mere agent. General counts. Assumpsit. The declaration contained only the general money counts, under which the plaintiff claimed to recover the amount due on a bill of exchange, drawn at Toledo, Ohio, April 21st, 1854, by "W. S. Johnson & Co., upon the defendant, payable “to the order of M. Johnson, Cashier,” and accepted by the defendant.

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Action upon.a hill of exchange or promissory note in the name of a mere agent. General counts. Assumpsit. The declaration contained only the general money counts, under which the plaintiff claimed to recover the amount due on a bill of exchange, drawn at Toledo, Ohio, April 21st, 1854, by "W. S. Johnson & Co., upon the defendant, payable “to the order of M. Johnson, Cashier,” and accepted by the defendant. Upon the trial, at the November Term, 1854, it was agreed that said bill was accepted by the defendant in payment of a debt due by him to the drawers, and that it was, before its maturity,…

1Opinion of the Court

The opinion of the court was delivered by

Bennett, J.

The counsel for the defendant claim, that this action cannot be maintained on this bill of exchange in the name of the cashier, but that the action should have been in the name of the Bank of Toledo. This bill is payable to Matthew Johnson, Cashier, and it is said that, as the courts of this state have held that such a note or bill, is a promise to the bank from whom the consideration moved, and may be sued in their name, it should follow that Johnson cannot have the action in his own name, and that it is absurd to hold that either the…

2Cases cited3 opinions

  1. Page's Administrators v. Bank of AlexandriaSupreme Court of the United States · 1822
  2. Chase v. BurnhamSupreme Court of Vermont · 1841
  3. Town of Arlington v. HindsSupreme Court of Vermont · 1824

3Cited by5 opinions

  1. Nave v. HadleyIndiana Supreme Court · 1881
  2. Alexander v. ChevalierSupreme Court of Vermont · 1924
  3. Austin v. Town of BurlingtonSupreme Court of Vermont · 1861
  4. Peters v. KanzenbachWisconsin Supreme Court · 1922
  5. McGuffin v. Coyle and GussSupreme Court of Oklahoma · 1906

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