Legal Opinion

Ballard v. Burton

Supreme Court of Vermont

Decided January 15, 1892PublishedCited by 19 opinions

Special assumpsit upon a certificate of deposit. Plea, the general issue.. Trial by jury at the September term, 1891, Tyler, J., presiding. (Verdict and judgment for the plaintiff. The defendant excepts. The certificate of deposit was as follows : “ No. 3483. First National Bank of St. Albans.

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Special assumpsit upon a certificate of deposit. Plea, the general issue.. Trial by jury at the September term, 1891, Tyler, J., presiding. (Verdict and judgment for the plaintiff. The defendant excepts. The certificate of deposit was as follows : “ No. 3483. First National Bank of St. Albans. St. Albans, Yt., Jan. 14th, 1884. I hereby certify that Joseph Ballard has this day deposited in this bank Nine Hundred Sixty-two dollars, payable to the order of himself on return of this certificate properly endorsed with interest at 4 per cent per annum. (Signed) A. Sowles, Cashier.” (and on the back…

1Opinion of the Court

The opinion of the court was delivered by

START, J.

The defendant’s motion for a verdict was properly overruled. It appears from testimony, not controverted, that the defendant was a stockholder and director of the First National Eank of St. Albans. The plaintiff and his sister had money deposited there, evidenced by certificates of deposit. There was a run on the bank, and the plaintiff presented these certificates and demanded the money evidenced by them. There was a sufficient amount of money at hand to pay the sums demanded ; but the officers of the bank desired to retain it and asked the…

2Cases cited14 opinions

  1. Doyle v. DixonMassachusetts Supreme Judicial Court · 1867
  2. Calkins v. ChandlerMichigan Supreme Court · 1877
  3. Howe v. TaggartMassachusetts Supreme Judicial Court · 1882
  4. Judevine v. GoodrichSupreme Court of Vermont · 1861
  5. Hakes, Battershall & Weed v. HotchkissSupreme Court of Vermont · 1851

9 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. Clifford v. West Hartford Creamery Co.Supreme Court of Vermont · 1931
  2. Utah National Bank of Salt Lake City v. NelsonUtah Supreme Court · 1910
  3. Looney v. BelcherSupreme Court of Virginia · 1937
  4. State v. WilsonSupreme Court of Vermont · 1938
  5. Howard v. HowardSupreme Court of Vermont · 1960

14 more not listed; retrieve them via the Exa API.

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