Griswold v. Davis
Supreme Court of Vermont
Assumpsit upon a promissory note for two hundred and eighty dollars, dated August 21, 1854, signed hy the defendant, and payable to Cornelius Russell, or hearer, in six months from date, with interest annually.
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Assumpsit upon a promissory note for two hundred and eighty dollars, dated August 21, 1854, signed hy the defendant, and payable to Cornelius Russell, or hearer, in six months from date, with interest annually. The case was tried hy the court, at the January Term, 1858, of the Orange County Court, upon the following agreed statement of facts: The defendant executed the note described in the declaration, to Cornelius Russell, who, on the 26th of August, 1854, obtained a loan from the White River Bank of two hundred and eighty dollars, and gave his note of that date therefor, payable to the…
1Opinion of the CourtPoland, J.
The real question in this case is, whether the "White River Bank, by virtue of the transfer and delivery of the note of the defendant by Russell to them, under the circumstances stated in the case, acquired a legal right to hold the note, as against Russell himself.
The note at that time was a valid, negotiable note, with no pretence of any defence to it, even as against Russell, so that any transfer of the note that would be good as against Russell, would transfer a good title, and a right to recover against the defendant, and whether the transfer was for a valuable consideration or not, is…
2Cases cited3 opinions
- Atkinson v. BrooksSupreme Court of Vermont · 1854
- Hinsdill v. SaffordSupreme Court of Vermont · 1839
- Hutchins v. EvansSupreme Court of Vermont · 1841