Bank of Manchester v. Slason
Supreme Court of Vermont
Assumpsit, against the defendant as indorser of a bill of exchange, for two thousand five hundred dollars, drawn by Doane & Potter, upon Comstock &, Martin, dated August 14, 1839, payable to the order of the defendant, at the Farmers’ bank in Troy, New York, and by the defendant indorsed to the plaintiffs. Plea, non assumpsit, and trial by jury.
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Assumpsit, against the defendant as indorser of a bill of exchange, for two thousand five hundred dollars, drawn by Doane & Potter, upon Comstock &, Martin, dated August 14, 1839, payable to the order of the defendant, at the Farmers’ bank in Troy, New York, and by the defendant indorsed to the plaintiffs. Plea, non assumpsit, and trial by jury. On the trial in the county court, the plaintiffs offered in evidence the bill of exchange declared upon, the execution of which was admitted by the defendant, to which the defendant objected, because it was not indorsed to the plaintiffs, it appearing…
1Opinion of the Court
The opinion of the court was delivered by
Redfield J.
The indorsement being to the cashier of the bank, the suit in the name of the bank is well enough, it being admitted the transaction was one in which the bank alone were interested. Farmers and Mechanics Bank v. Day, ante, 36.
The objection that the seal of the notary was not impressed upon wax or wafer, is one which cannot avail. It has too long been settled that public seals do not require wafer or wax, to their validity, to be now brought in question. It is now the more common and more convenient mode to impress such seals upon the paper…
2Cases cited2 opinions
- Bank of Columbia Ex Rel. Bank of United States v. LawrenceSupreme Court of the United States · 1828
- Cuyler v. NellisNew York Supreme Court · 1830
3Cited by4 opinions
- Vermont Central Rail Road v. ClayesSupreme Court of Vermont · 1848
- Reed v. LaneSupreme Court of Vermont · 1889
- Allen v. Sullivan RailroadSupreme Court of New Hampshire · 1855
- Riggs v. HatchU.S. Circuit Court for the District of Southern New York · 1883