Fletcher v. Blodgett
Supreme Court of Vermont
Assumpsit on promissory note. Plea^ the general issue, and trial by jury. On trial, the plaintiff gave in evidence the note declared on, which was in the words following. “ Payable in f “$41,50. Jericho, April 15, 1840. For merchantable fulled | value received I promise to pay Frederic cloth one year from <1 Fletcher, or bearer, forty one dollars fifty cents the month of Octo- I one day after date, with interest annually.” her next.” (_ (Signed) “A. Blodgett.”
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Assumpsit on promissory note. Plea^ the general issue, and trial by jury. On trial, the plaintiff gave in evidence the note declared on, which was in the words following. “ Payable in f “$41,50. Jericho, April 15, 1840. For merchantable fulled | value received I promise to pay Frederic cloth one year from <1 Fletcher, or bearer, forty one dollars fifty cents the month of Octo- I one day after date, with interest annually.” her next.” (_ (Signed) “A. Blodgett.” The defendant offered evidence tending to prove, that, on the first day of October 1841, he tendered .to the plaintiff good…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
It is not necessary, I apprehend, in the present case, to examine the question how far a memorandum, at the bottom of a note or bill, of the place of payment merely, is to be considered a part of the contract. The conflict in the decisions of the English *29courts, as well as the American, (which in England was put at rest by the statute of 1 and 2 George IV, and, as is supposed, in this country, by the decision of the United States Supreme Court in Wallace v. McConnell, 13 Peters, 136,) has led to some evasive decisions in regard to the…
2Cases cited5 opinions
- Wallace v. McConnellSupreme Court of the United States · 1839
- Jones v. FalesMassachusetts Supreme Judicial Court · 1808
- Gilman v. MooreSupreme Court of Vermont · 1842
- Henry v. ColmanSupreme Court of Vermont · 1833
- Hart v. Orange GreenSupreme Court of Vermont · 1836
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- Terre Haute & Indianapolis Railroad v. FitzgeraldIndiana Supreme Court · 1874
- Whittier v. First National BankSupreme Court of Colorado · 1923
- Iron City N. Bank v. McCordSupreme Court of Pennsylvania · 1891
- State v. DonovanSupreme Court of Vermont · 1903
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