Perkins, Doe & Co. v. Bradley
Supreme Court of Vermont
Assumpsit ujson a promissory note for one thousand dollars, dated April S, 1849, executed by the defendant and made payable six months after date thereof, for value received, to the order of the treasurer of the Burlington Mill Company, and by the said treasurer indorsed to the plaintiffs.
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Assumpsit ujson a promissory note for one thousand dollars, dated April S, 1849, executed by the defendant and made payable six months after date thereof, for value received, to the order of the treasurer of the Burlington Mill Company, and by the said treasurer indorsed to the plaintiffs. The action was brought in the name of the plaintiffs, as indorsees of the note; the declaration set forth, that the defendant made his note in writing, payable to the order of the treasurer of the Burlington Mill Company, and that said treasurer indorsed said note before payment, by which indorsement he,…
1Opinion of the Court
By the Court.
The causes of demurrer assigned in the demurrer, are, that it does not appear by the declaration, to whom the note was made payable, or by whom it was indorsed’.
It seems to be conceded, that'a promissory note payable to a corporation’s agent, or officer, described as such, is payable to the corporation. If so, then this note, upon the face of it, is to be regarded, as made payable to the Burlington Mill Company, and it is sufficient so to declare, describing it in terms. This company is not described as a corporation, but its very name seems to indicate that it is either a…
2Cases cited1 opinion
- Wild v. Bank of PassamaquoddyU.S. Circuit Court for the District of Maine · 1825
3Cited by2 opinions
- Trask v. KarrickSupreme Court of Vermont · 1914
- Citizens State Bank v. E. A. Tessman & Co.Supreme Court of Minnesota · 1913