Mills v. Hyde
Supreme Court of Vermont
Indebitatus Assumpsit for money paid. Pleas, the general issue and the statute of limitations, and trial by the court. September Term, 1845, — Bennett, J., presiding.. On trial it appeared that the plaintiff and defendant and one Moore, on the twenty eighth day of November, 1833, executed a promissory note to the Branch Bank of the United States, at Burlington, for one hundred dollars, payable in sixty days; upon the face of which they appeared as co-principals.
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Indebitatus Assumpsit for money paid. Pleas, the general issue and the statute of limitations, and trial by the court. September Term, 1845, — Bennett, J., presiding.. On trial it appeared that the plaintiff and defendant and one Moore, on the twenty eighth day of November, 1833, executed a promissory note to the Branch Bank of the United States, at Burlington, for one hundred dollars, payable in sixty days; upon the face of which they appeared as co-principals. This note was renewed from time to time, until the twenty fourth day of September, 1835, when the plaintiff and defendant executed…
1Opinion of the Court
The opinion of the court was delivered by
Hall, J.
It is claimed in behalf of the plaintiff, that his possession of the old notes of Moore, Mills and Hyde is presumptive eviidence, in the absence of all other proof, of the payment by him of part of the original debt previous to September 24th, 1835, and that the fact ought to have been so found. We are satisfied the judgment is right in this respect. If the notes were not destroyed at the time *62they were taken up, they must necessarily have passed into the hands of some one, and it is not seen why the possession of them by the plaintiff is not…
2Cases cited3 opinions
- Joslyn v. SmithSupreme Court of Vermont · 1841
- Lapham v. BarnesSupreme Court of Vermont · 1828
- Wheelock, Son & Co. v. DoolittleSupreme Court of Vermont · 1846
3Cited by11 opinions
- Hall v. HarrisCourt of Appeals of Georgia · 1909
- Durbin v. KuneyOregon Supreme Court · 1890
- Faurot v. GatesWisconsin Supreme Court · 1893
- Novak v. DupontSupreme Court of Iowa · 1900
- Liddell v. WiswellSupreme Court of Vermont · 1887
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