Ferris v. Adams
Supreme Court of Vermont
Assumpsit upon a promissory note for thirty dollars, dated December 1, 1846, executed by the defendant, and made payable to the plaintiff in one year. Plea, the general issue, and trial by the court, September Term, 1849, — Bennett, J., presiding.
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Assumpsit upon a promissory note for thirty dollars, dated December 1, 1846, executed by the defendant, and made payable to the plaintiff in one year. Plea, the general issue, and trial by the court, September Term, 1849, — Bennett, J., presiding. On trial, it appeared, that the note was given in consideration that the plaintiff, who was then sheriff of the county of Chittenden, had appointed the defendant, at his request, deputy sheriff of said county for the year next ensuing the date of the note. The defendant claimed, that a note given for such consideration was void in law ; but the…
1Opinion of the Court
The opinion of the court was delivered' by
Redfield, J.
This is an action upon a promissory note for $30, executed by the defendant to the plaintiff] while sheriff of the county of Chittenden, upon the occasion of appointing the defendant his deputy, for the ensuing year.
The leading inquiry in the case is, whether such a consideration is one upon which the law will uphold an assumpsit. It could scarcely be doubted at this day, we think, that the appointment of sheriff’s deputy is a public office, and. one which very considerably concerns the administration of justice. And it seems to be…
2Cases cited3 opinions
- Farrar v. BartonMassachusetts Supreme Judicial Court · 1809
- Love v. BucknerCourt of Appeals of Kentucky · 1817
- Mattoon v. KiddMassachusetts Supreme Judicial Court · 1810
3Cited by3 opinions
- White v. CookWest Virginia Supreme Court · 1902
- Meacham v. DowSupreme Court of Vermont · 1860
- Barron v. TuckerSupreme Court of Vermont · 1881