Cadens v. Teasdale
Supreme Court of Vermont
Action of assumpsit in common counts. Plea, non assumpsit, and notice of payment by the note of W. N. Oliver. Trial by the court, September Term, 1880, Ross, J., presiding. Judgment for the defendant. The facts appear in the opinion. cited Wainwright v. Webster, 11 Yt. 576 ; lb. 516 ; 13 lb. 452 ; 4 lb. 549; 15 lb. 212 ; 28 lb. 80 ; 16 lb. 34 ; 10 lb. 141; 6 Mass. 142 ; Young v. A.dams, 6 Mass. 182; 10 Wheat. 333 ; Jones v. Ryde, 5 Taunt.
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Action of assumpsit in common counts. Plea, non assumpsit, and notice of payment by the note of W. N. Oliver. Trial by the court, September Term, 1880, Ross, J., presiding. Judgment for the defendant. The facts appear in the opinion. cited Wainwright v. Webster, 11 Yt. 576 ; lb. 516 ; 13 lb. 452 ; 4 lb. 549; 15 lb. 212 ; 28 lb. 80 ; 16 lb. 34 ; 10 lb. 141; 6 Mass. 142 ; Young v. A.dams, 6 Mass. 182; 10 Wheat. 333 ; Jones v. Ryde, 5 Taunt. R. 488 ; 15 Mass. 75; Wait v. Brewster, 31 Yt. 528 ; 20 Yt. 167 ; 29 Yt. 42 ; 46 Yt. 460 ; 16 Eng. L. & Eq. 562.
1Opinion of the Court
The opinion of the court was delivered by
Taft, J.
The plaintiffs having a claim against the defendant, agreed if the defendant would procure one Oliver, a debtor of the defendant, to give the plaintiffs his (Oliver’s) note on four months time, that they would take it in payment of so much of the de*470fendant’s account. The agreement was accepted and the contract consummated. At the time all the parties believed that Oliver was solvent. He was in fact insolvent, failing before the maturity of the note, and nothing was realized by the plaintiffs upon it. The plaintiffs now seek to recover of the…
2Cases cited1 opinion
- Wainwright v. WebsterSupreme Court of Vermont · 1839
3Cited by2 opinions
- Riber v. MorrisMichigan Supreme Court · 1937
- Akin & Co. v. PetersSupreme Court of Arkansas · 1885