Pecker v. Sawyer
Supreme Court of Vermont
Assumpsit upon a promissory note for seventy dollars, dated at Concord, N. H., January 20, 1848, executed by the defendant and made payable to D. G. Fuller, agent, or order, on demand. Said note was indorsed by said Fuller to the plaintiff.
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Assumpsit upon a promissory note for seventy dollars, dated at Concord, N. H., January 20, 1848, executed by the defendant and made payable to D. G. Fuller, agent, or order, on demand. Said note was indorsed by said Fuller to the plaintiff. Plea non assumpsit and notice of special matter, and trial by the court, January term, 1851. On trial, the execution and indorsement of the note were conceded, and the defendant offered the deposition of D. G. Fuller, the original payee of the note, to show that the note was given at Concord, N. H., in payment for spirituous liquors sold to the defendant…
1Opinion of the Court
Bt the Court.
The principal question in this case, arises upon the rejection of a portion of the deposition of David G. Fuller, the payee and indorser of the note. His testimony was offered by the defendant, to show the note void in its inception, as having been given on the sale of spirituous liquors in the state of New Hampshire, by this witness, and without any license therefor, such sale being unlawful under the laws of that state. This testimony was rejected by the court, as being incompetent to prove the note-originally void.
It is not pretended that the witness has any interest in the…
2Cases cited5 opinions
- United States v. LefflerSupreme Court of the United States · 1837
- Walbridge v. KibbeeSupreme Court of Vermont · 1848
- Nichols v. HolgateSupreme Court of Vermont · 1826
- Chandler v. MasonSupreme Court of Vermont · 1829
- Holmes v. KnightsSuperior Court of New Hampshire · 1839
3Cited by2 opinions
- Haydon v. NicolettiNevada Supreme Court · 1884
- Hamill v. First Nat. Bank of Las VegasSupreme Court of Colorado · 1890