Legal Opinion

Noyes v. Day

Supreme Court of Vermont

Decided March 15, 1842PublishedCited by 7 opinions

Assumpsit upon a promissory note made by defendant to plaintiff. Plea, general issue and trial by jury. On the trial in the county court the defendant introduced testimony tending to prove that the note in question was given by the defendant in consideration that the plaintiff would forbear to bid for the support and maintenance of the town paupers of the town of Barre, for the year ensuing the date of said note, at a public auction held for that purpose, . — the defendant…

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Assumpsit upon a promissory note made by defendant to plaintiff. Plea, general issue and trial by jury. On the trial in the county court the defendant introduced testimony tending to prove that the note in question was given by the defendant in consideration that the plaintiff would forbear to bid for the support and maintenance of the town paupers of the town of Barre, for the year ensuing the date of said note, at a public auction held for that purpose, . — the defendant being himself a bidder at such auction and wishing to bid off the support of such paupers. The court instructed the jury…

1Opinion of the Court

The opinion of the court was delivered by

Royce, J.

The defence to the present action is either a want of any sufficient consideration, in a pecuniary view, to render the note binding, or illegality and fraud in the consideration which existed.

*386In reference to the first ground we must understand, from the case, that each of these parties wished to take the contract for supporting the poor of the town, and that each intended to bid for it. In that state of things the note in question was given to induce the plaintiff to forego and waive his right of bidding for the contract, that the defendant…

2Cases cited1 opinion

  1. Pingry v. WashburnSupreme Court of Vermont · 1826

3Cited by7 opinions

  1. Hoffman v. McMullenCourt of Appeals for the Ninth Circuit · 1897
  2. Menzel v. Niles Co.Supreme Court of Colorado · 1929
  3. Missisquoi Bank v. SabinSupreme Court of Vermont · 1876
  4. More v. BennettAppellate Court of Illinois · 1891
  5. Dean v. ClarkNew York Supreme Court · 1894

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