Passumpsic Bank v. Goss
Supreme Court of Vermont
Assumpsit. The first count of the declaration was as follows: “ In a plea of the case for that the said defendants, at said St. Johnsbury, heretofore, to wit, on the 18th day of March, A. D.„ 1857, by their promissory note, under their hands, of that date, for value received, jointly and severally promised the plaintiffs to pay them one hundred dollars in three from the date of said note ; and the plaintiffs aver that the said three months from the date of said note have…
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Assumpsit. The first count of the declaration was as follows: “ In a plea of the case for that the said defendants, at said St. Johnsbury, heretofore, to wit, on the 18th day of March, A. D.„ 1857, by their promissory note, under their hands, of that date, for value received, jointly and severally promised the plaintiffs to pay them one hundred dollars in three from the date of said note ; and the plaintiffs aver that the said three months from the date of said note have long since elapsed, yet the defendants, though often requested,” etc., etc. In addition to this count the declaration also…
1Opinion of the CourtBarrett, J.
Goss procured Page to sign the note in suit as his surety, for the purpose of enabling him to obtain a loan at the bank, in the usual course of discount. The money was obtained, and, the note not being paid, this suit was brought.
Two questions are raised by the bill of exceptions, and have been discussed at the bar. 1st, as to the charge given, and the refusal to charge as requested ; 2d, as to the alleged variance.
I. As the case shows that neither the bank, nor any of its directors, had knowledge or notice of the alleged agreement between Goss and Page, can Page avail himself of that…
2Cases cited4 opinions
- Commercial Bank v. KortrightCourt for the Trial of Impeachments and Correction of Errors · 1839
- Fletcher v. AustinSupreme Court of Vermont · 1839
- Nash v. SkinnerSupreme Court of Vermont · 1840
- Barber v. HallSupreme Court of Vermont · 1853
3Cited by23 opinions
- Howard National Bank v. WilsonSupreme Court of Vermont · 1923
- Smith v. Board of SupervisorsIllinois Supreme Court · 1871
- State v. PeckSupreme Judicial Court of Maine · 1865
- Nash v. FugateSupreme Court of Virginia · 1880
- Hancock v. Empire Cotton Oil Co.Court of Appeals of Georgia · 1915
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