Adams v. Bliss
Supreme Court of Vermont
Assumpsit. The plaintiff declared as indorsee of a promissory note executed by the defendant, and made payable to C. S. Terreite & Co. of the city of New York. The defendant pleaded the general issue, and also a plea in offset, founded on a claim in his favor against the payees of the note, on a warranty of property sold by them to the defendant, and for which he averred the note in suit was given.
Read the full summary
Assumpsit. The plaintiff declared as indorsee of a promissory note executed by the defendant, and made payable to C. S. Terreite & Co. of the city of New York. The defendant pleaded the general issue, and also a plea in offset, founded on a claim in his favor against the payees of the note, on a warranty of property sold by them to the defendant, and for which he averred the note in suit was given. The plea alleged a breach of the warranty, and also that the indorsement of the note to the plaintiff was in trust for the said payees, and that the suit was prosecuted for their benefit, for…
1Opinion of the Court
The opinion of the court was delivered by
Williams, Ch. J.
The question in this case is whether the defendant’s plea in offset can prevail. Previous to 1836 our statute, which authorized an indorsee of a promissory note to maintain an action in his own name, secured to the defendant a right to plead an offset of all demands proper to be pleaded in offset, which he had against the original payee. This statute was repealed that year. Our general statute only provides, that, if “ the plaintiff in any action, &c., shall be. indebted to the defendant, the latter may plead the same in offset.” A plea…
2Cases cited3 opinions
- Mott v. MottSupreme Court of Vermont · 1833
- Snow v. ConantSupreme Court of Vermont · 1836
- Leavenworth v. D. P. Lapham, & Co.Supreme Court of Vermont · 1832
3Cited by9 opinions
- Ghingher v. FanseenCourt of Appeals of Maryland · 1934
- Lamoille County National Bank v. HuntSupreme Court of Vermont · 1900
- Worden v. GillettDistrict Court, S.D. Florida · 1921
- Haley v. CongdonSupreme Court of Vermont · 1884
- Phelps v. BulkeleySupreme Court of Vermont · 1847
4 more not listed; retrieve them via the Exa API.