Cutler v. Estate of Thomas
Supreme Court of Vermont
Assumpsit upon a bill of exchange. Plea, general issue, and trial by jury. On trial, the plaintiff introduced and read, in evidence, the deposition of Moses D. Bean, John D. Campbell, and the bill of exchange, which was attached to the deposition of the said Campbell, and was as follows, viz: “The Union Bank on Montreal, Lower Canada.'” “ $850. Value received. No. 253. “ Exchange. ■“£212 10s. Od.
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Assumpsit upon a bill of exchange. Plea, general issue, and trial by jury. On trial, the plaintiff introduced and read, in evidence, the deposition of Moses D. Bean, John D. Campbell, and the bill of exchange, which was attached to the deposition of the said Campbell, and was as follows, viz: “The Union Bank on Montreal, Lower Canada.'” “ $850. Value received. No. 253. “ Exchange. ■“£212 10s. Od. Montreal, August 14, 1841. “ Three days after sight of this our only bill of Exchange of the “ same tenor and date, pay to the order of J. J. Cutler, Esq., two “ hundred and twelve pounds and ten…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
This action is founded upon a bill of exchange, drawn by what -was called th'e “ Union Bank of Montreal, Lower ■Canada,” upon H. Gray & Co., New York, on the 14th day of August, 1841, payable to the order of the plaintiff. It is claimed, and the declaration proceeds upon the ground, that this “ Union Bank,” was an unincorporated joint stock company, and that Henry Thomas was, at the time this bill was drawn, one of the company, and as such, liable as a partner upon this bill. ■ We think, that the trial below must-be regarded as a mistrial.…
2Cases cited1 opinion
- Widdifield v. WiddifieldSupreme Court of Pennsylvania · 1810
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- Kelley v. BourneOregon Supreme Court · 1887
- Parchen v. AndersonMontana Supreme Court · 1885
- Hastings v. HopkinsonSupreme Court of Vermont · 1855
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