Legal Opinion

Hayes v. Morse

Supreme Court of Vermont

Decided February 15, 1836PublishedCited by 3 opinions

This was an action of assumpsit on promissory note, dated April 22d, 1819, for $120, or four .cows and calves, four years from the month of May following the date. On the back of the note was the following endorsement, signed by the parties : “ January 10, 1.833 — Received two cows on this note, suppo? sed, at the time the note was out, as agreed by us both.”

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This was an action of assumpsit on promissory note, dated April 22d, 1819, for $120, or four .cows and calves, four years from the month of May following the date. On the back of the note was the following endorsement, signed by the parties : “ January 10, 1.833 — Received two cows on this note, suppo? sed, at the time the note was out, as agreed by us both.” At the trial, the defendant gave testimony tending to show,'that at the time of making the endorsement, the defendant contended he had paid .the whole note at the time it fell due, while plaintiff contended he had only paid two cows. It…

1Opinion of the Court

The opinion of the court was delivered by

Redfield, J.

It is not necessary, perhaps, to go into any discussion of the long vexed question, how far an endorsement of part payment on a note or bond is evidence to go to the jury for the purpose of rebutting the presumption of payment in the one case, or to remove the operation of the statute of limitations in the other. It was once settled in England, [(Searle vs. Bossington, 2 Strange, 286,) that an endorsement in the hand-writing of the obli-gee or payee, bearing date prior to -the term of the period of the statute of limitations having elapsed,…

2Cases cited1 opinion

  1. Clementson v. WilliamsSupreme Court of the United States · 1814

3Cited by3 opinions

  1. Rowell v. Estate of LewisSupreme Court of Vermont · 1900
  2. Virginia Fila v. Spruce Mountain InnSupreme Court of Vermont · 2005
  3. Virginia Fila v. Spruce Mountain InnSupreme Court of Vermont · 2005

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