Farmers & Mechanics' Bank v. Rathbone
Supreme Court of Vermont
Assumpsit on two bills of exchange for $600. each. ■ The ■ declaration contained two counts, the first count was as follows: “ The defendant is attached to answer to the plaintiffs in a plea “ of the case for that one Caleb E. Barton heretofore, to wit, on “the fifth day of October, A. D. 1844, at Charlotte,in said county “ of Chittenden, according to the custom and usage of merchants “ from time immemorial, used and approved of within this State, “ made his certain bill of…
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Assumpsit on two bills of exchange for $600. each. ■ The ■ declaration contained two counts, the first count was as follows: “ The defendant is attached to answer to the plaintiffs in a plea “ of the case for that one Caleb E. Barton heretofore, to wit, on “the fifth day of October, A. D. 1844, at Charlotte,in said county “ of Chittenden, according to the custom and usage of merchants “ from time immemorial, used and approved of within this State, “ made his certain bill of exchange in writing, bearing date the “ day and year last aforesaid, and directed the said bill of exchange “to the said…
1Opinion of the Court
The opinion of the court was delivered by
Isham, J.
This action is brought on two. bills of exchange, *28drawn by Caleb E. Barton on the defendant, Henry Rathbone, of the city of New York; both of which were duly' accepted, and before maturity, were discounted, and transferred by endorsement, to the plaintiffs. When the bills matured, they were dishonored, duly protested, and notice thereof given to the drawer.
On the trial of- the case, at the circuit, the defendant insisted, that the bills were accommodation bills; and, upon the facts stated in the bill of exceptions, he now insists, that the…
2Cases cited4 opinions
- United States v. Bank of the MetropolisSupreme Court of the United States · 1841
- President, Directors & Co. of Claremont Bank v. WoodSupreme Court of Vermont · 1838
- Lambert v. SandfordIndiana Supreme Court · 1828
- White v. HopkinsSupreme Court of Pennsylvania · 1841
3Cited by8 opinions
- Marsh v. LowIndiana Supreme Court · 1876
- Feiner's Organization, Inc. v. CaffinaSupreme Court of Florida · 1955
- In re Stevens & AdamsSupreme Court of Vermont · 1902
- Washington Bank v. KrumSupreme Court of Iowa · 1863
- President v. CrineUnited States Circuit Court · 1888
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