Reynolds v. French
Supreme Court of Vermont
This was a declaration in assumpsit upon three promissory notes and containing genera! counts. Plea, non assumpsit. In support of the action, the plaintiffs offered to prove, that on the 17th day of March, A. D. 1334, the three defendants came to the plaintiffs and represented to them that the defendant French had honestly disposed of all his property in payment of his debts, out of which he had saved the sum of $451,16 for the plaintiffs which he was ready to pay to them if…
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This was a declaration in assumpsit upon three promissory notes and containing genera! counts. Plea, non assumpsit. In support of the action, the plaintiffs offered to prove, that on the 17th day of March, A. D. 1334, the three defendants came to the plaintiffs and represented to them that the defendant French had honestly disposed of all his property in payment of his debts, out of which he had saved the sum of $451,16 for the plaintiffs which he was ready to pay to them if they would receive it in satisfaction and full discharge of said notes. That the other defendants being insolvent, arid…
1Opinion of the Court
The opinion of the court was delivered by
Phelps, J.
The production of a promissory note is not always indispensable to a recovery upon it. Such production is dispensed with, where the note is proved to have been destroyed, and, in this State, where it is shown tohave been lost. The reason why a recovery cannot be had upon a lost note which is negotiable in England is, that the note may find its way into the hand of a bona fide holder who may be entitled to payment. But here no such reason exists, as by force of our statute, restraining the negotiability of such notes, the transfer of a note is…
2Cases cited1 opinion
- Phettiplace v. SaylesU.S. Circuit Court for the District of Rhode Island · 1826
3Cited by4 opinions
- Hefter v. CahnIllinois Supreme Court · 1874
- Morris v. ReymanIndiana Court of Appeals · 1913
- Helms v. . HoltonSupreme Court of North Carolina · 1910
- Baxter v. DownerSupreme Court of Vermont · 1857