McNamee v. Buck
Supreme Court of Vermont
Assumpsit upon a promissory note. Plea, the general issue; trial by jury, March Term, 1855, — Peck, J., presiding. The plaintiffs produced and gave in evidence the note declared upon, the execution of which was admitted. It appeared that Buck was principal in the note, and Warren, the other defendant, a surety only.
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Assumpsit upon a promissory note. Plea, the general issue; trial by jury, March Term, 1855, — Peck, J., presiding. The plaintiffs produced and gave in evidence the note declared upon, the execution of which was admitted. It appeared that Buck was principal in the note, and Warren, the other defendant, a surety only. The defendants introduced evidence tending to show that on the occasion when the note was executed, the agent of the plaintiffs in taking the note, represented to the defendants that a criminal prosecution had been instituted in the state of New York against the defendant Buck for…
1Opinion of the Court
The opinion of the court was delivered by
Redeield, Ch. J.
The question in the present case is, whether, the plaintiffs’ agent having induced the giving of the note in suit, by representing that a prosecution, for obtaining goods by false pretences, had been instituted in the State of New York, and the proper steps taken to arrest the defendant Buck, in this state, for the purpose of carrying him into New York for trial, and by agreeing to settle and stop the prosecution, the note is collectable, even if, in point of fact, the representations were false.
The plaintiffs’ agent having obtained the…
2Cases cited6 opinions
- Fitzsimmons v. JoslinSupreme Court of Vermont · 1849
- Poor v. WoodburnSupreme Court of Vermont · 1853
- Tex. & Pac. R'y Co. v. HaysCourt of Appeals of Texas · 1884
- Town of Hinesburgh v. SumnerSupreme Court of Vermont · 1837
- Dixon v. OlmsteadSupreme Court of Vermont · 1837
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3Cited by11 opinions
- Crowder v. ReedIndiana Supreme Court · 1881
- Partridge v. HoodMassachusetts Supreme Judicial Court · 1876
- McCormick Harvesting Machine Co. v. MillerNebraska Supreme Court · 1898
- Rademacher v. BeckerColorado Court of Appeals · 2015
- Barron v. TuckerSupreme Court of Vermont · 1881
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