Blaney v. Pelton
Supreme Court of Vermont
Assumpsit upon two promissory notes. Trial by jury, March Term, 1887, Taft, J., presiding. Yerdict directed for the plaintiff. Affirmed. The plaintiff introduced the notes in evidence and rested.
Read the full summary
Assumpsit upon two promissory notes. Trial by jury, March Term, 1887, Taft, J., presiding. Yerdict directed for the plaintiff. Affirmed. The plaintiff introduced the notes in evidence and rested. The defendant then introduced evidence tending to show that prior to December 1, 1883, he had made a contract with the Goodwillie-Wyman Co., of Boston, Mass., to purchase of said company a printing press known as a No. 2 Whitlock Press; that by the contract the defendant was to turn in towards said press one old Hoe press at $550, and a horse and other merchandise at $200, and said Goodwillie-Wyman…
1Opinion of the Court
The opinion of the court was delivered by
Powers, J.
This is an action of assumpsit upon two notes made payable to the order of the Groodwillie-Wyman Co. The defence is an entire failure of consideration.
When the plaintiff produced the notes in court, and proved *279tbeir execution, be made out a prima facie right of recovery. The holder of negotiable paper is presumed, in the first instance, to be a bona fide holder.
If the defendant offers evidence tending to prove fraud in obtaining the note, or an entire failure of consideration for it between the original parties, the burden of proof is thereby…
2Cases cited2 opinions
- Clough v. PatrickSupreme Court of Vermont · 1865
- Cragin v. FowlerSupreme Court of Vermont · 1861
3Cited by6 opinions
- Limerick National Bank v. AdamsSupreme Court of Vermont · 1897
- Pierson v. HuntingtonSupreme Court of Vermont · 1909
- City Savings & Trust Co. v. PeckSupreme Court of Vermont · 1918
- Smythe v. Central Vermont Railway Co.Supreme Court of Vermont · 1914
- Hoyt v. McNallySupreme Court of Vermont · 1893
1 more not listed; retrieve them via the Exa API.