Sandford v. Norton
Supreme Court of Vermont
Assumpsit, against the defendant as indorser of a promissory note of the following tenor : ‘ Bennington, December 29, 1838. ‘ On the first day of April, one thousand eight hundred ‘ and forty, for value received, I promise to pay Uriah Edger- ‘ ton or bearer, one thousand and fifty-six dollars. ‘Caleb Sayles.’ On the back of which note was indorsed, in blank, the names of Luman Norton and Samuel C. Raymond. The declaration also contained the common counts.
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Assumpsit, against the defendant as indorser of a promissory note of the following tenor : ‘ Bennington, December 29, 1838. ‘ On the first day of April, one thousand eight hundred ‘ and forty, for value received, I promise to pay Uriah Edger- ‘ ton or bearer, one thousand and fifty-six dollars. ‘Caleb Sayles.’ On the back of which note was indorsed, in blank, the names of Luman Norton and Samuel C. Raymond. The declaration also contained the common counts. On the trial in the county court the plaintiff filled up the blank over the names of Norton and Raymond with the following words, ‘ For…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
The plaintiff’s claim, in the present action, was to recover against the defendant, upon the common money counts, having abandoned the other counts. This, it is now settled, the indorsee of a promissory note may do, *232even against the maker. Chase & Grew v. Burnham et al. 13 Vt. R. 447.
Still we think the evidence offered by the defendant was competent to rebut the prima facie proof. It did tend to show, 1, that the defendant signed the note, as a guarantor, or surety merely, for Sayles; 2, that, in point of fact, no money was ever received by…
2Cases cited1 opinion
- Taylor's Lessee v. MyersSupreme Court of the United States · 1822
3Cited by5 opinions
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- Strong v. RikerSupreme Court of Vermont · 1844
- Eastern Townships Bank v. St. Johnsbury & L. C. R.U.S. Circuit Court for the District of Vermont · 1889
- Stevens v. GibsonSupreme Court of Vermont · 1896