White v. Simonds, Conant & Co.
Supreme Court of Vermont
Assumpsit on three promissory notes, made by the defendants and payable to Harry Baxter or order. The defendants E. B. and James Simonds suffered judgment by- default. The defendant Conant pleaded the general issue, with a special notice, and the case was tried by jury at the June Term, 1857, — Poland, J., presiding.
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Assumpsit on three promissory notes, made by the defendants and payable to Harry Baxter or order. The defendants E. B. and James Simonds suffered judgment by- default. The defendant Conant pleaded the general issue, with a special notice, and the case was tried by jury at the June Term, 1857, — Poland, J., presiding. The plaintiff read in evidence the notes declared upon, and the defendant Conant admitted that at the date of the notes the defendants were partners as alleged in the declaration, and that E. B. Simonds, one of the firm, signed the notes. The defendant Conant then gave in…
1Opinion of the CourtPjerpoimt, J.
This was an action of assumpsit brought on three promissory notes.
For a defence, the defendant relied on a judgment rendered in their favor, in the State of Massachusetts, in a suit on the same notes, brought in the name of Wm. H. Baxter, as evidence, and, to sustain it, introduced a copy of the record of such judgment, accompanied with evidence tending to show, that the suit there was tried upon two issues, one denying the merits of the plaintiff’s claim, and the other only presenting a temporary bar to the plaintiffs recovery. Also that upon the trial, evidence was introduced by them on…
2Cases cited2 opinions
- Squires v. WhippleSupreme Court of Vermont · 1829
- Dixon v. SinclearSupreme Court of Vermont · 1832
3Cited by10 opinions
- Hoffman v. SilverthornMichigan Supreme Court · 1904
- Rauer v. RyndCalifornia Court of Appeal · 1915
- Four Hundred & Twenty Min. Co. v. Bullion Min. Co.U.S. Circuit Court for the District of Nevada · 1876
- Baltimore Tube Co. v. DoveCourt of Appeals of Maryland · 1933
- Ajax Rubber Co. v. GamSuperior Court of Delaware · 1925
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