Appliance Acceptance Co. v. Stevens

An earlier stage of this case was reported in 120 Vt. 255, 138 A.2d 309. This is an appeal following hearing on the merits. The defendants seek review of the trial court’s findings of fact and judgment in favor of the plaintiff. Briefly stated, the recovery enforces against the defendants a note executed by them now held by the plaintiff.

The plaintiff brought its action on the note by-virtue of a declaration in contract on the common counts with a specification setting forth the note verbatim. At the trial, plaintiff proposed to amend by adding a second count declaring specially on the note…