Catlin v. Lyman & Marsh
Supreme Court of Vermont
Assumpsit. The plaintiff declared as indorsee of a promissory note, executed by the defendants to Moses Catlin or order, for the sum of $10,000, dated April 1, 1837, and payable in ten years from date “ with annual interest.”
Read the full summary
Assumpsit. The plaintiff declared as indorsee of a promissory note, executed by the defendants to Moses Catlin or order, for the sum of $10,000, dated April 1, 1837, and payable in ten years from date “ with annual interest.” The action was brought for one year’s interest, becoming due April 1, 1842. The declaration counted upon the note in the terms in which it was written, and set forth a promise by the defendants to pay the note to the plaintiff in consideration of the indorsement; — but no promise to pay the interest was raised, except in these words, — “ and the plaintiff admits that…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
The only question arising upon the merits of the present case is whether a promissory note, payable in ten years from date with interest annually, imposes the same legal obligation as when payable with annual interest. The attempt to make any .distinction in the two cases savors too much of refinement. It is ño doubt true that, in strict grammatical construction, the forms of expression are quite susceptible of different imports. But courts of justice, in putting a construction upon contracts, should be governed more by the popular than by…
2Cited by8 opinions
- Levens v. BriggsOregon Supreme Court · 1891
- Hartman v. PendletonOregon Supreme Court · 1920
- Woodward v. FrenchSupreme Court of Vermont · 1858
- In Re the Liquidation of the Chinese American BankHawaii Supreme Court · 1943
- Macloon v. SmithWisconsin Supreme Court · 1880
3 more not listed; retrieve them via the Exa API.