Legal Opinion

Limerick National Bank v. Adams

Supreme Court of Vermont

Decided October 15, 1897PublishedCited by 19 opinions

General and Special Assumpsit. Plea, the general issue with notice. Trial by jury at the December Term, 1896, Orange County, Start, J., presiding. Verdict and judgment for the defendants. The plaintiff excepted. There was a special count upon a promissory note for one thousand dollars, dated October 9, 1894, payable to H. P. Reynolds or bearer in one year from date, signed by the defendants and delivered and assigned by Reynolds to the plaintiff for value before maturity.

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General and Special Assumpsit. Plea, the general issue with notice. Trial by jury at the December Term, 1896, Orange County, Start, J., presiding. Verdict and judgment for the defendants. The plaintiff excepted. There was a special count upon a promissory note for one thousand dollars, dated October 9, 1894, payable to H. P. Reynolds or bearer in one year from date, signed by the defendants and delivered and assigned by Reynolds to the plaintiff for value before maturity. The note in suit is one of three of similar amount payable in one, two and three years respectively. These notes were left…

1Opinion of the CourtThompson, J.

The plaintiff claimed to recover as the bona fide purchaser for value of the note in suit before it was due.

On the part of the defendants, the evidence tended to show that as between the original parties to the note, it was void for want of consideration and by reason of the payee’s fraud in obtaining it.

In its opening, the plaintiff introduced evidence tending to *139show that it was a bona fide holder of the note for value. The law presumed this without other evidence than the production of the note by the plaintiff, the contrary not appearing. The case standing thus, the ordinary course of…

2Cases cited9 opinions

  1. Stevenson v. Hugh Gunning's EstateSupreme Court of Vermont · 1892
  2. Passumpsic Savings Bank v. First National BankSupreme Court of Vermont · 1880
  3. John Roth & Co. v. Colvin, Allen & Co.Supreme Court of Vermont · 1859
  4. Blaney v. PeltonSupreme Court of Vermont · 1888
  5. Clough v. PatrickSupreme Court of Vermont · 1865

4 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. Howard National Bank v. WilsonSupreme Court of Vermont · 1923
  2. Griffin v. Boston & Maine RailroadSupreme Court of Vermont · 1913
  3. Blaisdell & Barron v. DavisSupreme Court of Vermont · 1900
  4. Hendrickson v. International Harvester Co. of AmericaSupreme Court of Vermont · 1927
  5. Pennington County Bank v. First State BankSupreme Court of Minnesota · 1910

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