Bacon v. Bates
Supreme Court of Vermont
This case was heard on demurrer to the declaration, at the March Term, 1880, Redfield, J., presiding. Demurrer overruled, and judgment on new count in the declaration for the plaintiff, for his damages and costs. Exceptions by the defendant. NEW DECLARATION.
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This case was heard on demurrer to the declaration, at the March Term, 1880, Redfield, J., presiding. Demurrer overruled, and judgment on new count in the declaration for the plaintiff, for his damages and costs. Exceptions by the defendant. NEW DECLARATION. And now comes the said Daniel Bacon, plaintiff in said cause, by leave of the court first had and obtained by his attorney, and for a further declaration in said cause, declares and says : that heretofore, to wit, on the 13th day of April, A. D. 1878, to wit, at Northfield, in said county of Washington, Laban F. Webster and Francis A…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
By the order Webster and Willey directed the defendants to pay whatever sum might be found due to them, on settlement, to the plaintiff. The negotiability of this order, if by its terms it was negotiable, was restricted by the fact that it was for an uncertain, rather than a definite sum. It was not, however, for that reason invalid, inasmuch as the sum to be paid thereunder, was capable of being made certain, by computation and settlement. It was in the nature of a draft, by Webster and Willey on the defendants, in favor of the plaintiff, for…
2Cited by4 opinions
- Peters v. Estate of PoroSupreme Court of Vermont · 1922
- Keppen v. RiceMichigan Supreme Court · 1932
- Barre Granite Co. v. FraserSupreme Court of Vermont · 1909
- Lawless v. TempleMassachusetts Supreme Judicial Court · 1926