Bellows Falls Bank v. Rutland County Bank
Supreme Court of Vermont
Assumpsit, to recover on the instrument set forth in the syllabus above, in general and special counts. The special counts set forth the instrument and averred that it had been duly assigned and ordered to be paid to the plaintiffs ; there was no averment that demand had ever been made by the presentation of the instrument with a request for payment.
Read the full summary
Assumpsit, to recover on the instrument set forth in the syllabus above, in general and special counts. The special counts set forth the instrument and averred that it had been duly assigned and ordered to be paid to the plaintiffs ; there was no averment that demand had ever been made by the presentation of the instrument with a request for payment. To the declaration the defendants filed a general demurrer, which was overruled and judgment rendered for the plaintiffs, at the April Term of the Windham county court, 1865, Barrett, J., presiding, — to all of which the defendants excepted. I.…
1Opinion of the Court
The opinion of the court was delivered by
Wilson, J.
It appears from the declaration that O. B. Clark deposited with the defendants $1,100., and they executed their certificate of deposit for the sum so deposited, payable to the order of said Clark on presentation of the certificate properly indorsed. The instrument is, in terms, made payable to the order of Clark, it is payable absolutely, and we are of opinion that it is a negotiable instrument within the meaning of the law merchant. The case of Smilie v. Stevens, reported in the 39th Vt., was assumpsit to recover a sum of money which had…
2Cited by12 opinions
- Elliott v. Capital City State BankSupreme Court of Iowa · 1905
- Curran v. WitterWisconsin Supreme Court · 1887
- Mereness v. First National BankSupreme Court of Iowa · 1900
- Sims v. American National BankSupreme Court of Arkansas · 1911
- Shute v. Pacific National BankMassachusetts Supreme Judicial Court · 1884
7 more not listed; retrieve them via the Exa API.