Edgell v. Stanford
Supreme Court of Vermont
This is an action of assumpsit. Plea, general issue, closed to the country. » The declaration contained several counts variously describing a single promissory note, agreeing in date and amount, but differing as to time of payment and whether to order or not, and also to being with interest; and all the counts conceding, that by mistake or casualty, the note was in the hands of the defendant; also a general count for money had and received.
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This is an action of assumpsit. Plea, general issue, closed to the country. » The declaration contained several counts variously describing a single promissory note, agreeing in date and amount, but differing as to time of payment and whether to order or not, and also to being with interest; and all the counts conceding, that by mistake or casualty, the note was in the hands of the defendant; also a general count for money had and received. On trial the plaintiff stated and offered to prove, that he once held sundry valid promissory notes in writing against the defendant, which notes the…
1Opinion of the Court
The opinion of the court was delivered by
Williams, Ch. J.
— If the plaintiff, after stating the facts, was entitled to recover on either of the counts in his declaration, on the proof which he offered, the evidence should have been admitted; and the case presents this naked question, whether giving up a security or note, which is evidence of a bona fide debt, and making that debt part of the consideration *556of a new and usurious contract, for which a new note or security is taken, and which has been avoided as usurious, so far destroys the first security or original debt, that no action can be…
2Cases cited4 opinions
- De Wolf v. JohnsonSupreme Court of the United States · 1825
- Sheehy v. Mandeville & JamessonSupreme Court of the United States · 1810
- Johnson v. JohnsonMassachusetts Supreme Judicial Court · 1814
- Swartwout v. PayneNew York Supreme Court · 1822
3Cited by7 opinions
- Chadbourn v. WattsMassachusetts Supreme Judicial Court · 1813
- Rutland Railway, Light & Power Co. v. WilliamsSupreme Court of Vermont · 1916
- Shaw v. CarpenterSupreme Court of Vermont · 1881
- McClure v. WilliamsSupreme Court of Vermont · 1835
- Baxter v. DownerSupreme Court of Vermont · 1857
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