Thrall v. Horton
Supreme Court of Vermont
Action upon a note dated March 31, 1861, signed by the defendants, and payable to Alvah Preston, or bearer, two months from date, with interest, for twenty-seven dollars, and endorsed by Preston to the plaintiff, for value received, on the 1st day of April, 1864. Plea, the general issue, with notice. Trial by jury, September term, 1871, Wheeler, J., presiding.
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Action upon a note dated March 31, 1861, signed by the defendants, and payable to Alvah Preston, or bearer, two months from date, with interest, for twenty-seven dollars, and endorsed by Preston to the plaintiff, for value received, on the 1st day of April, 1864. Plea, the general issue, with notice. Trial by jury, September term, 1871, Wheeler, J., presiding. On the trial, it appeared that one Alvah Preston had been employed by one Ira Chaplin to bring a suit in his favor against the defendant, John H. Horton, and was authorized by Chaplin to settle the suit as he might think proper. Preston…
1Opinion of the Court
*388The opinion of the court was delivered by
Royce, J.
The only question reserved for the opinion of the court in this case is, whether the court erred upon the facts shown in ordering a verdict for the defendant. The plaintiff knew' what the consideration of the note was when he took it, hence he took it subject to any defense, as far as the consideration was concerned, which might have been made to it if ho had taken it when overdue. Counsel have assumed in argument that the only consideration for the note was the agreement to discontinue the suit then pending in favor of Chaplin against John H.…
2Cases cited5 opinions
- Wiilliams v. HicksSupreme Court of Vermont · 1829
- Walker v. Smith, Robinson & Co.Supreme Court of Vermont · 1830
- State v. ClarkSupreme Court of Vermont · 1865
- Stone v. PeakeSupreme Court of Vermont · 1844
- Cragin v. FowlerSupreme Court of Vermont · 1861
3Cited by5 opinions
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- Hoyt v. McNallySupreme Court of Vermont · 1893
- Craigue v. HallSupreme Court of Vermont · 1901
- Ferriss v. TavelTennessee Supreme Court · 1889
- Russell v. RoodSupreme Court of Vermont · 1900