Legal Opinion

Fletcher v. Fletcher

Supreme Court of Vermont

Decided December 15, 1856PublishedCited by 7 opinions

Assumpsit on a promissory note; plea, the general issue; trial by the court, March Tex*m, 1856, —Pece, J., presiding. The plaintiffs introduced the note counted upon, which was dated February 21, 1850, signed by the defendant, and made payable to Thomas Fletcher or bearer, two years from date with interest. The defendant claimed that the action could not be maintained in the name of the plaintiffs, and introduced evidence from which the following facts appeared.

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Assumpsit on a promissory note; plea, the general issue; trial by the court, March Tex*m, 1856, —Pece, J., presiding. The plaintiffs introduced the note counted upon, which was dated February 21, 1850, signed by the defendant, and made payable to Thomas Fletcher or bearer, two years from date with interest. The defendant claimed that the action could not be maintained in the name of the plaintiffs, and introduced evidence from which the following facts appeared. Thomas Fletcher at the time of the execution of the note, and subsequently to the time of his death was insane, and Henry S. Morse…

1Opinion of the Court

The opinion of the court was delivered by

Isham, J.

The note on which this action is brought is made payable to Thomas Fletcher or bearer. Its consideration was money loaned to the defendant by Messrs. Scott & Fletcher as guardians of Thomas Fletcher. The actual possession of this note by the plaintiffs is evidence of their title, and of their having that legal interest which will enable them to sustain this action in their names. The note being payable to bearer is transferable by delivery, and by such transfer the legal interest passes the same, *101prima facie at least, as if the note had been…

2Cases cited1 opinion

  1. Boardman v. RogerSupreme Court of Vermont · 1845

3Cited by7 opinions

  1. Ditmar v. WestIndiana Court of Appeals · 1893
  2. Echols v. SpeakeSupreme Court of Alabama · 1913
  3. Harrison's Administrator v. Northwestern Mutual Life InsuranceSupreme Court of Vermont · 1906
  4. Long v. McIntoshSupreme Court of Georgia · 1907
  5. Brown v. RyderNew Jersey Superior Court Appellate Division · 1886

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