Mix v. White
Supreme Court of Vermont
General Assumpsit. The plaintiff sought to recover the sum due on a promissory note whereby the defendant on March 8, 1871, promised to pay Helen Kenyon, or bearer, $200, on demand, with interest, and whereon were indorsements of $75 on April 20, 1875, and $40 on July 10, $30 on September 20, and $35 on November 27, 1876. The case was referred, and the referee reported that the note was written and signed on the day of its date, by the defendant’s daughter, at the request of…
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General Assumpsit. The plaintiff sought to recover the sum due on a promissory note whereby the defendant on March 8, 1871, promised to pay Helen Kenyon, or bearer, $200, on demand, with interest, and whereon were indorsements of $75 on April 20, 1875, and $40 on July 10, $30 on September 20, and $35 on November 27, 1876. The case was referred, and the referee reported that the note was written and signed on the day of its date, by the defendant’s daughter, at the request of the defendant, who could not read nor write, and by the daughter delivered to the payee, of whom the defendant then…
1Opinion of the Court
The opinion of the court was delivered by
Barrett, J.
The note as delivered was in common form for $200. Defendant claimed, and the referee received evidence to show, and he has found, that, by mistake, it was written for $100 too much. It was written by defendant’s daughter as his scrivener, in his presence, and it was delivered on his receiving whatever sum of money he borrowed of the payee. It is to be regarded the same as if it had been written by the defendant himself, so far as the question as to showing the alleged mistake is concerned. That evidence was received under objection and…
2Cases cited2 opinions
- Fitzhuch v. RunyonNew York Supreme Court · 1811
- Bradley v. AndersonSupreme Court of Vermont · 1833