Legal Opinion

Gould v. Stevens

Supreme Court of Vermont

Decided August 15, 1870PublishedCited by 6 opinions

Action, assumpsit. Plea, the general issue. Trial by jury, March term, 1870, Steele, J., presiding. On trial the plaintiff proved in evidence a note, of which the following is a copy : “ $300—Montpelier, Vermont, Oct. 28, 1867. One year after date I promise to pay Stephen Van Dresar, or bearer, three hundred dollars, payable at the first National Bank of Montpelier, Vt., for value received with interest. N. S. Stevens.” [U. S. Infc. Rov.

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Action, assumpsit. Plea, the general issue. Trial by jury, March term, 1870, Steele, J., presiding. On trial the plaintiff proved in evidence a note, of which the following is a copy : “ $300—Montpelier, Vermont, Oct. 28, 1867. One year after date I promise to pay Stephen Van Dresar, or bearer, three hundred dollars, payable at the first National Bank of Montpelier, Vt., for value received with interest. N. S. Stevens.” [U. S. Infc. Rov. Stamps, 15 cts.] [endorsed.] “ The property of J. Benton, Nov. 12, 1867, H. Owens, Agent.” The plaintiff also proved presentment and non-payment, and then…

1Opinion of the Court

The opinion of the court was delivered by

Wilson, J.

After stating the substance of the bill of exceptions, which is given in full above, the opinion continued as follows : The defendant claimed that it was for ihe jury to say whether the circumstances were such as to put said Benton, as a prudent man, on inquiry as to the consideration and validity of the note, •and asked to go to the jury on this question. But the county court decided that upon the evidence the plaintiff was entitled to stand in the position of a Iona fide holder for value, without notice, and directed a verdict for the…

2Cited by6 opinions

  1. Connelly v. Greenfield Savings BankSupreme Court of Iowa · 1921
  2. Limerick National Bank v. AdamsSupreme Court of Vermont · 1897
  3. Smythe v. Central Vermont Railway Co.Supreme Court of Vermont · 1914
  4. Capital Savings Bank & Trust Co. v. Montpelier Savings Bank & Trust Co.Supreme Court of Vermont · 1905
  5. Pierce v. KibbeeSupreme Court of Vermont · 1879

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