Rowell v. Fuller's Estate
Supreme Court of Vermont
General and special assumpsit by the plaintiff, as surviving partner of the late firm of J. & H. Rowell, with a count in favor of the plaintiff upon a promissory note owned by him in bis own right. Appeal from the disallowance of commissioners. Pleas, general issue, payment, Statute of Limitations and offset, with notice denying the signature to paper “A.” Trial by jury, February Term, Royce, Ch. J., presiding. Verdict for -the' defendant.
Read the full summary
General and special assumpsit by the plaintiff, as surviving partner of the late firm of J. & H. Rowell, with a count in favor of the plaintiff upon a promissory note owned by him in bis own right. Appeal from the disallowance of commissioners. Pleas, general issue, payment, Statute of Limitations and offset, with notice denying the signature to paper “A.” Trial by jury, February Term, Royce, Ch. J., presiding. Verdict for -the' defendant. The following is a copy of the paper marked ‘ ‘ A ” : “ Montpelier, Vt., June 5, 1884. “ I hereby acknowledge that my promissory note for the sum of…
1Opinion of the Court
The opinion of the court was delivered by
Taft, J.
I. In this State the signature of a party may be proved to be genuine or false by a comparison of it with another genuine signature. Butler v. Dixon, Chit. Co. 1832 (not reported), cited in 21 Vt. 264; Gifford v. Ford, 5 Vt. *692532; Adams v. Field, Ex’r, 21 Vt. 256; State v. Ward, 39 Vt. 225; State v. Horn, 43 Vt. 20; State v. Hopkins, 50 Vt. 316; Sanderson v. Osgood, 52 Vt. 309. The signature with which the comparison is made, before it can be used, should be established as a genuine one. As stated in Adams v. Field, Fx’r, supra, its…
2Cases cited8 opinions
- Adams v. FieldSupreme Court of Vermont · 1849
- State v. WardSupreme Court of Vermont · 1867
- State v. HopkinsSupreme Court of Vermont · 1877
- Goodwin v. PerkinsSupreme Court of Vermont · 1867
- Gifford v. FordSupreme Court of Vermont · 1833
3 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- People v. . MolineuxNew York Court of Appeals · 1901
- Commonwealth v. TuckerMassachusetts Supreme Judicial Court · 1905
- State v. RyderSupreme Court of Vermont · 1908
- Holt Ice & Cold Storage Co. v. Arthur Jordan Co.Indiana Court of Appeals · 1900
- University of Illinois v. SpaldingSupreme Court of New Hampshire · 1901
26 more not listed; retrieve them via the Exa API.