Burton v. Schermerhorn
Supreme Court of Vermont
Assumpsit upon a promissory note for two hundred dollars, dated September 8, 1846, executed by the defendant, and made payable to the order of John Crarey, in four months from date, and by said Crarey indorsed to the plaintiff. Plea, the general issue, and trial by jury, June Term, 1848, — Davis, J., presiding.
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Assumpsit upon a promissory note for two hundred dollars, dated September 8, 1846, executed by the defendant, and made payable to the order of John Crarey, in four months from date, and by said Crarey indorsed to the plaintiff. Plea, the general issue, and trial by jury, June Term, 1848, — Davis, J., presiding. On trial, the execution and indorsement of the note being conceded, the defendant offered to prove, that on the eighth day of January, 1846, the defendant entered into a contract in writing with one Shepherd, by which Shepherd undertook to deliver to the defendant, one thousand hemlock…
1Opinion of the Court
The opinion of the court was delivered by
Kellogg, J.
The court below, having decided, that the evidence offered by the defendant did not amount to a defence to the suit, rejected the same ; and the question presented for the considation of this court is, whether there was error in that decision. That the testimony offered and excluded, did not tend to prove a total failure of the consideration, upon which the note was founded, is quite apparent, upon examination of the case, and was so conceded at the argument; nor does the case disclose any evidence of a rescission of the contract. That the…
2Cited by5 opinions
- Briggs v. BoydSupreme Court of Vermont · 1865
- Hoyt v. McNallySupreme Court of Vermont · 1893
- Richardson v. SanbornSupreme Court of Vermont · 1860
- Craigue v. HallSupreme Court of Vermont · 1901
- Hassam v. DompierSupreme Court of Vermont · 1855