Roberts v. Smith
Supreme Court of Vermont
Assumpsit. Heard on demurrer to the declaration, December Term, 1885, Walker, J., presiding. Demurrer overruled. It was alleged in the amended count that the defendant “made and delivered to one J. S. King, his promissory note in writing in words and figures as follows, to wit: “ ‘ November 17,1849. “ ‘ Two years from date, for value received, I promise to pay J. S. King, or bearer, one ounce of gold.
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Assumpsit. Heard on demurrer to the declaration, December Term, 1885, Walker, J., presiding. Demurrer overruled. It was alleged in the amended count that the defendant “made and delivered to one J. S. King, his promissory note in writing in words and figures as follows, to wit: “ ‘ November 17,1849. “ ‘ Two years from date, for value received, I promise to pay J. S. King, or bearer, one ounce of gold. “‘E. P. Smith.’ “ and thereby promised for value received to pay J. S. King' or bearer, one ounce of gold two years from date, which period has elapsed before the commencement of this suit. “And…
1Opinion of the Court
The opinion of the court was delivered by
Yeazey,- J.
Although it has long been settled in this State that a written contract having the usual form of a promissory note, but payable in some specific article, may be treated as a promissory note as to the form of declaring upon it, and the necessity of proof of consideration, and in some other respects, — Rob. Dig. 92, — yet such an instrument is not negotiable because not payable in money. Collins v. Lincoln, 11 Vt. 268; 1 Dan. Neg. Inst. 42.
The instrument declared upon was not even a promise to pay a given sum in specific articles, but only to…
2Cases cited3 opinions
- Moar v. WrightSupreme Court of Vermont · 1826
- Collins v. LincolnSupreme Court of Vermont · 1839
- Smilie v. StevensSupreme Court of Vermont · 1868
3Cited by1 opinion
- State v. DonovanSupreme Court of Vermont · 1903