Harrison v. Edwards
Supreme Court of Vermont
This was an action of assumpsit, brought by the plaintiff as bearer of a promissory note, given by the defendant to Zuriel Waterman or bearer, for fifty dollars and interest, dated November, 12, 1832, payable on the first day of February, 1835. The defendant pleaded non assumpsit, and a note in offset, dated February 7, 1832, given by said Waterman to the defendant, or bearer, for $145,98, payable in the month of August, 1832, with interest. Issues were joined to the court.
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This was an action of assumpsit, brought by the plaintiff as bearer of a promissory note, given by the defendant to Zuriel Waterman or bearer, for fifty dollars and interest, dated November, 12, 1832, payable on the first day of February, 1835. The defendant pleaded non assumpsit, and a note in offset, dated February 7, 1832, given by said Waterman to the defendant, or bearer, for $145,98, payable in the month of August, 1832, with interest. Issues were joined to the court. Upon the trial in the county court, it was admitted that the note, declared upon by the plaintiff, was executed in…
1Opinion of the Court
The opinion of the court was delivered by
Redeield J.
— Although it does not appear in proof, in this case, at what time the note, now in suit, came into the hands of the plaintiff, the note, passing by delivery, will be presumed to have come to the plaintiff while it was still current, and before its maturity. Under this state of facts, by the rules -of the common law, which obtain in the state of New York, the defence offered cannot prevail. No payment made to the payee of a negotiable promissory note, while the same is not yet overdue, will avail the maker of the note, as against a bona fide…
2Cited by9 opinions
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