Woodruff v. Hinman
Supreme Court of Vermont
This was an action upon a promissory note. Plea, general issue, and trial by jury. The execution of the note was admitted. The defendant gave evidence tending to show that the note in suit was given under the following circumstances:— One Thomas Lamphier, some time during the preceding winter, gave in payment to the plaintiff two $5 counterfeit bills, knowing them to be such at the time.
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This was an action upon a promissory note. Plea, general issue, and trial by jury. The execution of the note was admitted. The defendant gave evidence tending to show that the note in suit was given under the following circumstances:— One Thomas Lamphier, some time during the preceding winter, gave in payment to the plaintiff two $5 counterfeit bills, knowing them to be such at the time. The plaintiff obtained a warrant from a justice of the peace of Caledonia county, upon the complaint of a town grand juror of the town of Barnet, for the apprehension of said Lamphier for said offence. This…
1Opinion of the Court
In this case the court delivered no formal opinion, the judge who was expected to assign the reasons of the court having been unexpectedly called away before the close of the term. The judgment of the county court was affirmed, and the following opinion was drawn up by
Redfield, J.
In the present case, the principal consideration of the note sued being the costs and expenses of a criminal prosecution and the discontinuing the same, which the plaintiff had no right to do, the counsel for the plaintiff do not even argue that the consideration is valid to the full extent of the contract. But as…
2Cases cited2 opinions
- Crawford v. MorrellNew York Supreme Court · 1811
- Gilbert v. WilliamsMassachusetts Supreme Judicial Court · 1811
3Cited by15 opinions
- Edwards County v. JenningsTexas Supreme Court · 1896
- Bishop v. PalmerMassachusetts Supreme Judicial Court · 1888
- Hynds v. HaysIndiana Supreme Court · 1865
- New England Fire & Marine Insurance v. RobinsonIndiana Supreme Court · 1865
- State v. BarnettSupreme Court of Vermont · 1939
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