Marsh v. Davis
Supreme Court of Vermont
Assumpsit upon a promissory note. Plea, the general issue, and trial by jury. On trial, the plaintiff gave in evidence the note declared upon and rested.
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Assumpsit upon a promissory note. Plea, the general issue, and trial by jury. On trial, the plaintiff gave in evidence the note declared upon and rested. The defendants then called Rufus Davis, who testified that the defendant Nathan Davis, in July, 1850, met one Daniel Aikens in the road, about three and a half miles from the residence of the defendant, and spoke to Mm about a note, which he, Daniel Aikens, then held against said defendant, and asked defendant if he could pay it; that defendant replied that he could not pay it then, but would make it out shortly; that Aikens then said he…
1Opinion of the Court
The opinion of the court was delivered by
Isham, J.
The note upon which the plaintiff has declared was executed by the defendants, on the 16th of July, 1850, and made payable to Hiram Aikens, or bearer, and which soon after, was transferred to the plaintiff by the payee of the note. Its consideration, was the balance due on a previous note, given by the defendants to Daniel Aikens, which was given up on the execution of this.
*367The defense rests upon the validity and payment of a judgment on this note, in a trustee process in favor of Stillman F. Smith against Daniel Aikens, the payee of the…
2Cases cited2 opinions
- Camp v. ScottSupreme Court of Vermont · 1842
- Sampson Williams v. Andrew Greer's Adm'rsTennessee Supreme Court · 1817
3Cited by10 opinions
- Holmes v. ClarkSupreme Court of Vermont · 1873
- Tillison v. TillisonSupreme Court of Vermont · 1922
- Wardle v. BriggsMassachusetts Supreme Judicial Court · 1881
- Van Amee v. JacksonSupreme Court of Vermont · 1862
- Enright v. BeaumondSupreme Court of Vermont · 1894
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