Ellsworth v. Hopkins
Supreme Court of Vermont
Assumpsit. Heard on affidavit of defence, September Term, 1885, Veazey, J., presiding. Judgment for ¡the plaintiff. The case appears in the opinion. cited Sweat v. Hall, 8 Yt. 187. cited R. L. s. 2322; Hubbard v. Bugbee, 55 Yt. 506.
1Opinion of the Court
The opinion of the court was delivered by
Powers, J.
The affidavit of defence which, for the purposes of this trial, is given the efficacy of a plea covering the facts detailed, sets forth that the note sued upon was given by the defendant to his wife Frances M., on January 22, 1881, for a claim allowed to her against his father’s estate of which the defendant was admins trator.
■ This is an action of assumpsit upon said note, the note being negotiable in form.
The material question is whether the note is enforceable by the assignee of the wife.
*706Nothing appearing to the contrary the plaintiff is…
2Cases cited3 opinions
- Butler v. IvesMassachusetts Supreme Judicial Court · 1885
- Fowle v. TorreyMassachusetts Supreme Judicial Court · 1883
- Sweat v. HallSupreme Court of Vermont · 1836
3Cited by1 opinion
- Spencer v. StockwellSupreme Court of Vermont · 1904