Bates v. Leclair
Supreme Court of Vermont
Assumpsit. The declaration contained a special count upon a promissory note alleged to be payable six months from the date thereof, and the common counts. Plea, the general issue, with notice that the defendant would, on trial, deny the execution of the note. Trial by jury, April Term, 1876, Pierpoint, O. J., presiding. It appeared without dispute, that at the date of the note described in the special count, one Ed.
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Assumpsit. The declaration contained a special count upon a promissory note alleged to be payable six months from the date thereof, and the common counts. Plea, the general issue, with notice that the defendant would, on trial, deny the execution of the note. Trial by jury, April Term, 1876, Pierpoint, O. J., presiding. It appeared without dispute, that at the date of the note described in the special count, one Ed. C. Leclair was indebted to the plaintiff and his father, Luther M. Bates, jointly, in a sum equal to or more than the amount of said note, for butter previously sold and delivered…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
I. The declaration counts upon a note payable six-months from the date thereof. The plaintiff’s own testimony tended to show that the note was payable on or before six months from its date. The defendant insisted in the County Court, that if this testimony was believed, there was a legal variance between the note proved and the declaration. It is well settled that in an action upon a contract, the contract must be proved as laid. Mann and Wheeler v. Burchard and Page, 40 Vt. 326. The *234declaration need not contain the words of the contract — it…
2Cases cited4 opinions
- Passumpsic Bank v. GossSupreme Court of Vermont · 1858
- Mann v. BirchardSupreme Court of Vermont · 1867
- Templeton v. BascomSupreme Court of Vermont · 1860
- Morton v. TennyIllinois Supreme Court · 1855
3Cited by3 opinions
- Powers v. New England Fire InsuranceSupreme Court of Vermont · 1896
- Roads v. WebbSupreme Judicial Court of Maine · 1898
- Farrell v. American Employers' Liability Ins.Supreme Court of Vermont · 1896