Howard National Bank v. Arbuckle
Supreme Court of Vermont
Contract on a promissory note indorsed by defendant. Special plea, that defendant was released from liability by reason of the discharge of an attachment previously made in a suit on the note, brought by plaintiff against the maker. Trial by court at the March Term, 1917, Chittenden County, Butler, J., presiding. Judgment for plaintiff on facts found by the court. Defendant excepted. The opinion states the case.
1Opinion of the CourtPowers, J.
In this action, the plaintiff seeks to recover on a promissory note for the sum of $2,500, signed by the Arbuckle Company, a corporation, and indorsed by the defendant. This note was not paid when it fell due, and was protested, and due notice was given the defendant. The facts were found by the court below, and. therein it is stated that on May 4, 1916, the *85plaintiff brought a suit against the Arbuekle Company predicated upon this and other notes. It is difficult to see how this note could have been covered by that suit, as it was not then due; but the date of the bringing of the suit may…
2Cases cited4 opinions
- Bank of Montpelier v. DixonSupreme Court of Vermont · 1832
- Executors of Baker v. MarshallSupreme Court of Vermont · 1844
- Lawson v. SnyderCourt of Appeals of Maryland · 1851
- Page v. WebsterSupreme Judicial Court of Maine · 1839
3Cited by4 opinions
- Wetmore & Morse Granite Co. v. RyleSupreme Court of Vermont · 1919
- Aetna Chemical Co. v. Spaulding & Kimball Co.Supreme Court of Vermont · 1924
- Barton Savings Bank & Trust Co. v. BickfordSupreme Court of Vermont · 1923
- Howard National Bank v. ArbuckleSupreme Court of Vermont · 1917