Bank of Burlington v. Beach
Supreme Court of Vermont
THIS was an action of assumpsit, upon a note, dated April 20, A. D. 1822, for the sum of $200, payable sixty-four days after the date thereof. It appeared in evidence, on the trial, that the said note was signed by the defendant, and also by Beeman and Clark, who were the two first signers. That Beeman and Clark presented the note to the bank for discount, which was refused, and they took the note away.
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THIS was an action of assumpsit, upon a note, dated April 20, A. D. 1822, for the sum of $200, payable sixty-four days after the date thereof. It appeared in evidence, on the trial, that the said note was signed by the defendant, and also by Beeman and Clark, who were the two first signers. That Beeman and Clark presented the note to the bank for discount, which was refused, and they took the note away. That they afterwards offered the note to Wood, Co. of Middlebury, saying that the note would be discounted the next week; and wished them to advance the money upon it; that Wood, & Co. paid…
1Opinion of the CourtRoyce, J.
In this case, it is objected by the defendant, that no consideration ever passed from the plaintiffs, which could give effect to the note declared on, and that the note was never delivered to, or accepted by, the plaintiffs, according to their estab- . lished course of doing business; for both which reasons, it is con- . tended, that this action is not supported. On the other hand, it is insisted, that, as the amount of the note has been advanced upon it, in good faith, though not by the plaintiffs, they had a right to accept a delivery of the note, for the benefit of the persons equitably…
2Cited by6 opinions
- Keith v. GoodwinSupreme Court of Vermont · 1858
- Bank of Newbury v. RichardsSupreme Court of Vermont · 1862
- Bank of Middlebury v. BinghamSupreme Court of Vermont · 1861
- Farmers & Mechanics' Bank v. HumphreySupreme Court of Vermont · 1864
- Pitkin v. FlanaganSupreme Court of Vermont · 1851
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