Walker v. Smith, Robinson & Co.
Supreme Court of Vermont
Jlssunypsit upon a promissory note, and tried in the county court upon the general issue. On trial the defendants offered evidence to prove the following facts : — That the note in question was given upon a purchase by the defendants and another person, from the plaintiff' and his late partners, Simeon Granger and Lewis L. Feet, of an ore bed and furnace, about 300 tons of ore dug, certain lands, wood and coal, a store of goods,together with sundry debts due, and other…
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Jlssunypsit upon a promissory note, and tried in the county court upon the general issue. On trial the defendants offered evidence to prove the following facts : — That the note in question was given upon a purchase by the defendants and another person, from the plaintiff' and his late partners, Simeon Granger and Lewis L. Feet, of an ore bed and furnace, about 300 tons of ore dug, certain lands, wood and coal, a store of goods,together with sundry debts due, and other property, estimated in the whole at $10,000 — That the respective shares of said vendors in the purchase money were…
1Opinion of the CourtRoyce, J.
delivered the opinion of the court to the following effect. — Two questions are presented in this case. The first is a general question of some importance, whether evidence of the description which was offered by the defendants is admissible in an action on a promissory note, to reduce the amount of dam*542-ages-; the second is, whether if ought to be-received in this ¡3 articular instance-, if'admissible in'common cases.
It may be safely assumed as a general principle, that an entire” want or failure of consideration avoids a note ; that fraud which* affects the entire contract, and prevents…
2Cases cited3 opinions
- Greenleaf v. CookSupreme Court of the United States · 1817
- King v. PaddockNew York Supreme Court · 1820
- Phoenix Insurance v. FiquetNew York Supreme Court · 1811
3Cited by5 opinions
- Giddings v. Giddings's AdministratorSupreme Court of Vermont · 1878
- Thrall v. HortonSupreme Court of Vermont · 1872
- Hoyt v. McNallySupreme Court of Vermont · 1893
- Stone v. PeakeSupreme Court of Vermont · 1844
- Harrington v. LeeSupreme Court of Vermont · 1860