Atkinson v. Brooks
Supreme Court of Vermont
Assumpsit upon a bill of exchange. Plea, non assumpsit, and trial by jury. On the trial, the plaintiff read in evidence the bill declared on, of which the following is a copy, viz: “ Dolls. $1574,97. Bradford, July 25, 1851. “ Three months after date,' I pay to the order of myself, at “ Bank in Boston, Fifteen hundred and seventy-four dollars ninety- “ seven cents, value received, and charge the same to account of “ your obt. servant.” (Signed,) “ Asa Low.”
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Assumpsit upon a bill of exchange. Plea, non assumpsit, and trial by jury. On the trial, the plaintiff read in evidence the bill declared on, of which the following is a copy, viz: “ Dolls. $1574,97. Bradford, July 25, 1851. “ Three months after date,' I pay to the order of myself, at “ Bank in Boston, Fifteen hundred and seventy-four dollars ninety- “ seven cents, value received, and charge the same to account of “ your obt. servant.” (Signed,) “ Asa Low.” “ To William Brooks, Esq., ) “ Sherbrook, C. E.” j The defendant admitted the signature of the drawer, acceptor and indorser, but…
1Opinion of the Court
The opinion of the court was delivered by
Redeield Ch. J.
This case, as the defendant’s testimony tended to prove, and as the jury seem to have found, in giving a verdict for defendant, was abill of exchange, drawn by one Asa Low, at Bradford, Vermont, upon the defendant at Sherbrook, Canada East, payable to the order of the drawer, at the bank in Boston, Mass., three months from date, and being accepted and indorsed, was deposited with a firm of merchants in Boston, to raise money for Low, and remit to him at Bradford. But they, before its maturity, passed it to one of their creditors as…
2Cases cited5 opinions
- Bank of St. Albans v. Gilliland & RaymondNew York Supreme Court · 1840
- Walker v. GeisseSupreme Court of Pennsylvania · 1839
- Homes v. SmythSupreme Judicial Court of Maine · 1839
- Norton v. WaiteSupreme Judicial Court of Maine · 1841
- Valette v. MasonIndiana Supreme Court · 1848
3Cited by15 opinions
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- Straughan v. FairchildIndiana Supreme Court · 1881
- Austin v. Curtis & WalkerSupreme Court of Vermont · 1858
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