Lytle v. Bond's Estate
Supreme Court of Vermont
This was an appeal from tlie decree of tbe probate court accepting the report of commissioners disallowing a claim in behalf of the plaintiff. . The plaintiff claimed to recover the amount of a promissory note for four hundred dollars, which he claimed to have paid as an accommodation indorser for the intestate. Plea, the general issue, and trial by jury, April Term, 1867, Barrett, J., presiding.
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This was an appeal from tlie decree of tbe probate court accepting the report of commissioners disallowing a claim in behalf of the plaintiff. . The plaintiff claimed to recover the amount of a promissory note for four hundred dollars, which he claimed to have paid as an accommodation indorser for the intestate. Plea, the general issue, and trial by jury, April Term, 1867, Barrett, J., presiding. The plaintiff gave in evidence a promissory note, of which the following is a copy: “ Salem, N. Y., August 2d, 1865. “ $400. Fifteen days after date, I promise to pay to the order of John R. Lytle,…
1Opinion of the Court
The opinion of the court was delivered by
Peck, J.
The note upon which the plaintiff claims to recover is payable to his own order at the Bank of Salem, and purports to be signed, “ Richard Bond, by Stillman Clark.” The defence in behalf of Richard Bond’s estate, is that the note was executed without the knowledge, consent or authority of the decedent. The case shows that no question was made but that the plaintiff endorsed the note, and after its maturity paid it to the bank. The plaintiff, under objection, was permitted to show by Clark that he, by authority from Bond, and as his agent,…
2Cited by15 opinions
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