Park v. McDaniels
Supreme Court of Vermont
Trover for a promissory note. The case was referred and the referee reported that on the 29th day of January, 1852, the plaintiff executed to the defendant a promissory note for the sum of $2000., payable to the order of the defendant, at the Adams Bank, three months after date. The note was given for the sole accommodation of the defendant, and to be paid and taken care of by the defendant.
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Trover for a promissory note. The case was referred and the referee reported that on the 29th day of January, 1852, the plaintiff executed to the defendant a promissory note for the sum of $2000., payable to the order of the defendant, at the Adams Bank, three months after date. The note was given for the sole accommodation of the defendant, and to be paid and taken care of by the defendant. The note was discounted by the bank for the defendant, and was afterwards paid and taken care of by him ; but of this, the plaintiff had no knowledge. Sometime in the fall of 1859 the defendant claimed of…
1Opinion of the CourtBarrett, J.
This is in form, an action of trover. The case was referred under a rule of court, and the referee has reported all the facts. It is well settled, that if the report shows a case upon .which the plaintiff has a right of recovery under any amendment of the declaration that might lawfully be made, the court will render such a judgment as, under a proper declaration, the plaintiff would, be entitled to. It is plain, in this case, that it would have been lawful to permit an amendment, by adding a count in case, setting forth the special facts, embracing as the gravamen the wrongful conduct of the…
2Cited by5 opinions
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- Labbee v. JohnsonSupreme Court of Vermont · 1894
- Eastman v. JacobsSupreme Court of Vermont · 1932
- Stewart v. MartinSupreme Court of Vermont · 1877
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