Bank of St. Albans v. Scott
Supreme Court of Vermont
This case came before the court on the following statement of facts, agreed to by the parties: “ This was an action of assump- • sit on a promissory note in the words and figures following, to wit, '“$600 Vergennes, August 8, 1826. “ Sixty four days from date we jointly and severally promise to ’ “ pay the "President, Directors, and Company of the Bank of St. “ Albans, six hundred dollars-for válué received.
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This case came before the court on the following statement of facts, agreed to by the parties: “ This was an action of assump- • sit on a promissory note in the words and figures following, to wit, '“$600 Vergennes, August 8, 1826. “ Sixty four days from date we jointly and severally promise to ’ “ pay the "President, Directors, and Company of the Bank of St. “ Albans, six hundred dollars-for válué received. “ Scott & Raymond, “ Theodore Clark & Co., ' “ Jacob MLane, ' “ Horace Wheeler.” It is admitted that said'nóte; was executed for the purpose .of being discounted at said bank, and that it…
1Opinion of the CourtHutchinsoN, J.
delivered the .opinion of the court. The general principles, that must govern this case, will be found in the case of the Bank of Burlington vs. Jireh Durkee et al. (See page 399 of this Vol.) 'There a new trial was granted, because the testimony offered by the defendants to prove the usury, was • excluded ; and the circumstances which both parties seemed to suppose existed, with regard to the general custom of doing business at the banks,were not in the case; and it was not permitted the court to decide what the jury would have found, in relation to a corrupt agreement, had the testimony…
2Cited by1 opinion
- Staab v. Northfield Savings BankSupreme Court of Vermont · 1976