Bank of Bellows Falls v. Deming
Supreme Court of Vermont
Assumpsit upon a promissory note. Plea, the general issue, and trial by jury. On trial, the plaintiff having proved the execution of the note declared upon, the defendants offered evidence tending to prove, that, about ten months subsequent to the execution of the note declared upon, they made an assignment of all their property, for the benefit of their creditors generally ; they also offered the said assignment in evidence, with the acceptance upon it by the assignees, in…
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Assumpsit upon a promissory note. Plea, the general issue, and trial by jury. On trial, the plaintiff having proved the execution of the note declared upon, the defendants offered evidence tending to prove, that, about ten months subsequent to the execution of the note declared upon, they made an assignment of all their property, for the benefit of their creditors generally ; they also offered the said assignment in evidence, with the acceptance upon it by the assignees, in writing, of the trust, and also the acceptance, indorsed upon it, of a number of the creditors of the defendants, (but…
1Opinion of the Court
The opinion of the court was delivered by
Williams, Ch. J.
We can see no reason for reversing the judgment of the county court. There is nothing in the terms of the assignment, which bound the creditors to delay commencing suits. Neither is there any such agreement to delay implied in the fact of the plaintiffs’ accepting and receiving the amount paid to them by the assignees, as trustees.
The case of Kingsbury v. Deming et al.,* decided in this county *368in February, 1842, can be no authority in the case. In that case there was an agreement in writing, signed by Kingsbury, by which he accepted the…
2Cited by5 opinions
- Estabrook v. MessersmithWisconsin Supreme Court · 1864
- Cannon v. DemingSouth Dakota Supreme Court · 1892
- Farrar, Burt & Co. v. PowellSupreme Court of Vermont · 1899
- Gross v. BunnNebraska Supreme Court · 1880
- Waterman v. A. & W. Sprague Manufacturing Co.Supreme Court of Rhode Island · 1882