Wetmore & Morse Granite Co. v. Ryle
Supreme Court of Vermont
Assumpsit .in the common counts, with specifications on a promissory note, and a special count on said note. Plea, the general issue with notice of special matter of defence. Trial by Court at the March Term, 1918, Washington County, Waterman, J., presiding. Judgment for the plaintiff against both defendants. The defendant Ryle excepted.
Read the full summary
Assumpsit .in the common counts, with specifications on a promissory note, and a special count on said note. Plea, the general issue with notice of special matter of defence. Trial by Court at the March Term, 1918, Washington County, Waterman, J., presiding. Judgment for the plaintiff against both defendants. The defendant Ryle excepted. Statement by Chief Justice Watson. 'The promissory note in suit is dated at Montpelier, October 10, 1911, for $1,846.92, payable to the order of the plaintiff three months after date, at First National Bank, with interest at six per cent., and signed (on its…
1Opinion of the CourtWatson, C. J.
The promissory note on which this action is based, was made and delivered prior to June 1, 1913, and is therefore not affected by the provisions of the Negotiable Instrument statute. G-. L. 3059.
Defendant Ryle testified in defence that she signed the note in suit as surety for her husband, and not otherwise. In rebuttal exception was taken to the admission of evidence showing *251the consideration of this note to have been the taking np of two former notes, it being claimed that she was entitled to see those two notes, which it appeared were not in plaintiff’s possession, nor their whereabouts…
2Cases cited35 opinions
- Orleans County National Bank v. MooreNew York Court of Appeals · 1889
- New Jersey Zinc & Iron Co. v. Lehigh Zinc & Iron Co.Supreme Court of New Jersey · 1896
- Miller v. ShieldsIndiana Supreme Court · 1890
- Ballard v. BurtonSupreme Court of Vermont · 1892
- City of Holyoke v. Hadley Co.Massachusetts Supreme Judicial Court · 1899
30 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Smith v. BondIllinois Supreme Court · 1924
- Westinghouse Electric Supply Co. v. B. L. Allen, Inc.Supreme Court of Vermont · 1980
- Lavalette v. NoyesSupreme Court of Vermont · 1964
- McNamara v. Pickett Et Ux.Supreme Court of Vermont · 1938
- Barton Savings Bank & Trust Co. v. BickfordSupreme Court of Vermont · 1923
5 more not listed; retrieve them via the Exa API.