Strong v. Riker
Supreme Court of Vermont
Assumpsit on a promissory note, dated April 11, 1840. The declaration contained two counts, — one against the defendant as maker of the note, the other against him as guarantor of the same note. Plea, the general issue, and trial by the court. On trial the plaintiff gave in evidence the note declared on, which was signed by one Samuel Hoyt, and indorsed by the defendant, and made payable to the plaintiff, or order, in thirty days.
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Assumpsit on a promissory note, dated April 11, 1840. The declaration contained two counts, — one against the defendant as maker of the note, the other against him as guarantor of the same note. Plea, the general issue, and trial by the court. On trial the plaintiff gave in evidence the note declared on, which was signed by one Samuel Hoyt, and indorsed by the defendant, and made payable to the plaintiff, or order, in thirty days. The defendant called George P. Riker as a witness, who testified that the defendant brought the note to him and wanted the money on it; that he told the defendant…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
1. It is now the settled law of the State, that one, who indorses his name upon a promissory note in blank, he not being the payee, is prima facie holden as a joint promissor. Barrows v. Lane, 5 Vt. 161. Knapp v. Parker, 6 Vt. 642. Flint v. Day, 9 Vt. 345.
2. It is, perhaps, equally well settled, every where, that the effect of such an indorsement may be controlled by oral evidence of the contract made at the time. Sandford v. Norton, 14 Vt. 228, and cases cited.
3. The present contract of the defendant must be considered as made for the…
2Cases cited3 opinions
- Flint v. DaySupreme Court of Vermont · 1837
- Barrows v. LaneSupreme Court of Vermont · 1832
- Sandford v. NortonSupreme Court of Vermont · 1842
3Cited by8 opinions
- Sylvester v. DownerSupreme Court of Vermont · 1848
- Ballard v. BurtonSupreme Court of Vermont · 1892
- Atkinson v. BennetSupreme Court of Georgia · 1898
- Hullum v. State BankSupreme Court of Alabama · 1851
- Perkins Oil Co. v. DavisSupreme Court of Alabama · 1934
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