Thrall v. Estate of Mead
Supreme Court of Vermont
This was an appeal from the commissioners’ disallowance of a claim in favor of Reuben R. Thrall against the estate of Abner Mead, who deceased in 1859. Declaration indebitatus assumpsit, common counts, special counts on .notes. ■ Action commenced prior to August 1st, 1863. ’ ' Plea, the general issue and statute of limitations, and joinder. Trial by jury, September Term, 1866, Steele, J., presiding.
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This was an appeal from the commissioners’ disallowance of a claim in favor of Reuben R. Thrall against the estate of Abner Mead, who deceased in 1859. Declaration indebitatus assumpsit, common counts, special counts on .notes. ■ Action commenced prior to August 1st, 1863. ’ ' Plea, the general issue and statute of limitations, and joinder. Trial by jury, September Term, 1866, Steele, J., presiding. In support of the declaration, the plaintiff introduced a note of which the following is a copy, to wit; “ $6.87. For value received, I promise to pay Reuben R. Thrall, or order, six dollars and…
1Opinion of the Court
*544The opinion of the court was delivered by
Peck, J.
The six dollar and eighty-seven cent note, dated March 14th, 1832, “ 'payable in officers fees as constable,” although not in terras expressed to be payable on demand or on request, is by legal construction so payable. The mode of payment specified is such that it required processes to be put into the maker’s hands by the plaintiff for service, or notice to the maker what services were required of him, before he could make the payment specified. The note was, therefore, payable on request or on demand. The general rule in such case is, that no…
2Cases cited1 opinion
- Stanton v. Estate of StantonSupreme Court of Vermont · 1865
3Cited by22 opinions
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- Reizenstein v. MarquardtSupreme Court of Iowa · 1888
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