Capron v. Capron
Supreme Court of Vermont
Assumpsit on note. Plea, the general issue. Trial by the court, at the September term, 1871, Wheeler, J., presiding. The plaintiff gave in evidence a note, a copy of which is as follows : “Brandon, March 14th, A. D. 1868. For value received I promise to pay Barzillai Davenport or bearer seventy-five dollars one year from date with interest annually ; aud if there is not enough realized by good management in one year to have more time to pay in the manufacture of tho plaster…
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Assumpsit on note. Plea, the general issue. Trial by the court, at the September term, 1871, Wheeler, J., presiding. The plaintiff gave in evidence a note, a copy of which is as follows : “Brandon, March 14th, A. D. 1868. For value received I promise to pay Barzillai Davenport or bearer seventy-five dollars one year from date with interest annually ; aud if there is not enough realized by good management in one year to have more time to pay in the manufacture of tho plaster bccl on Stearns’ land. S. A. CAPRON.” The plaintiff also introduced parol evidence tending to prove that he purchased…
1Opinion of the Court
The opinion of the court was delivered by
Pierpoint, Ch. J.
It is claimed in this case that the plaintiff, as the holder of the instrument declared on, cannot maintain this *412action in his own name, for the reason that it is not a negotiable instrument. That it is payable in specific property and not in money. That it is not payable at any specified time, but upon a contingency that may never happen, and is not payable at all events.
We think that this instrument, when rightly construed, is not subject to any of these objections.
The intent of the parties to the instrument is very badly expressed,…
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