Richardson v. Daggett
Supreme Court of Vermont
This was an action- on a promissory note, executed by the defendant, and made payable to Ellick Powell, since deceased, and Mary D. Powell, his wife, and endorsed or transferred to the plaintiff by the said Mary, since the death of her husband. Plea, non assumpsit, and issue joined thereon to the court by the agreement of the parties.
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This was an action- on a promissory note, executed by the defendant, and made payable to Ellick Powell, since deceased, and Mary D. Powell, his wife, and endorsed or transferred to the plaintiff by the said Mary, since the death of her husband. Plea, non assumpsit, and issue joined thereon to the court by the agreement of the parties. The plaintiff offered in evidence a contract in writing between the said Ellick and Mary, executed previous to their intermarriage, and dated March 10th, 1827, by which it was agreed between them that the estate then belonging to the said Mary, was, after…
1Opinion of the CourtPhelps, J.
A single question only is raised in this case. It is whether the note in question passed, upon the decease of E» Rowell, to his administrator, as being his sole property, or became, upon that event, the sole property of Mary Powell, by right of sur-vivorship. In the former case, the endorsement by Mary Powell must be regarded as ineffectual, she having no interest in the note to be transferred, and of course the plaintiff can have no right to recover on it as her endorsee ; but in the latter case, his right of recovering is not contested.
In discussing this question, it is not necessary to…
2Cases cited3 opinions
- Draper v. JacksonMassachusetts Supreme Judicial Court · 1820
- State ex rel. Attorney General v. McCartyIndiana Superior Court · 1872
- Brown v. Van DeuzerNew York Supreme Court · 1813
3Cited by8 opinions
- Abshire v. State ex rel. WilsonIndiana Supreme Court · 1876
- Allen v. TateMississippi Supreme Court · 1881
- Shields v. StillmanSupreme Court of Missouri · 1871
- Bartlett v. BoydSupreme Court of Vermont · 1861
- Driggs v. AbbottSupreme Court of Vermont · 1854
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