Rutland Provision Co. v. Hall
Supreme Court of Vermont
Assumpsit. General issue. Trial by jury at the May term, 1898, "Windsor county, Ross, C. J., presiding. Verdict ordered and judgment thereon for the plaintiff. The defendant excepted. The plaintiff rested after introducing the check and certificate of protest, which were admitted against the defendant’s exception. Whereupon the defendant, against ■ the plaintiff’s exception, made proof of the other facts stated in the opinion.
1Opinion of the CourtRowell, J.
Barney, being indebted to the plaintiff for goods sold and delivered, sent to it his two checks on account thereof, which were received and credited but went to protest, whereupon they were charged back, with the protest fees, as the plaintiff’s custom was in such cases. Thereupon Barney obtained the defendant’s accommodation check, payable to the plaintiff, and sent it for the same purpose, and it was received and credited and Barney’s checks returned; but that check went to protest also, and was charged back like the others, leaving the account still unpaid. The plaintiff, however, retained…
2Cases cited3 opinions
- Railroad Co. v. National BankSupreme Court of the United States · 1880
- Collamer v. LangdonSupreme Court of Vermont · 1856
- Torrey v. BaxterSupreme Court of Vermont · 1841