Smilie v. Stevens
Supreme Court of Vermont
Assumpsit, to recover on the instrument set forth in the syllabus above. The first count of the declaration set forth the instrument and averred that it had been duly assigned, and ordered to the plaintiff in words and figures as follows j “Pay to John Smilie or order,” signed “James Smilie,” dated September 1st, 1865. And the plaintiff averred th.at he had demanded the same of the defendant and offered to return the said guarantee of the notes, but the defendant refused and…
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Assumpsit, to recover on the instrument set forth in the syllabus above. The first count of the declaration set forth the instrument and averred that it had been duly assigned, and ordered to the plaintiff in words and figures as follows j “Pay to John Smilie or order,” signed “James Smilie,” dated September 1st, 1865. And the plaintiff averred th.at he had demanded the same of the defendant and offered to return the said guarantee of the notes, but the defendant refused and neglected to pay the same. To this count the defendant demurred specially. The case was heard upon the demurrer at the…
1Opinion of the Court
The opinion of the court was delivered by
Peck, J.
The principal question made in this case is, whether the instrument set forth in words and figures in the declaration is a negotiable instrument, so as to enable the'plaintiff to maintain an action upon it in his own name as endorser. It appears from the instrument that the consideration moved from James Smilie, Jr., to the defendant, by the 'deposit with the latter by the former, of $500., and is in terms “payable to his (James Smilie, Jr.¿) order on demand with interest from February 15 th, 1864, on the return of this certificate gmd my…
2Cited by8 opinions
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- Hopkins v. Van ZandtAppellate Court of Illinois · 1891
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