Pitkin v. Flanagan
Supreme Court of Vermont
Assumpsit, brought against the defendants as indorsers of a bill of exchange, for $450,00, dated April 4,1848, and payable in four months, drawn by B. & H. Boynton upon Ray Boynton, in favor of Jedediah Boynton, and accepted by Ray Boynton, and indorsed, successively, by Jedediah Boynton, by the defendants, and by the plaintiff. Plea, the general issue, and trial by the court, March Term, 1850, — Bennett, J., presiding. On trial the facts appeared as follows.
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Assumpsit, brought against the defendants as indorsers of a bill of exchange, for $450,00, dated April 4,1848, and payable in four months, drawn by B. & H. Boynton upon Ray Boynton, in favor of Jedediah Boynton, and accepted by Ray Boynton, and indorsed, successively, by Jedediah Boynton, by the defendants, and by the plaintiff. Plea, the general issue, and trial by the court, March Term, 1850, — Bennett, J., presiding. On trial the facts appeared as follows. The firm of B. & H. Boynton, being indebted to the plaintiff, executed and delivered to him their promissory note, payable to the…
1Opinion of the Court
The opinion o'f the court was delivered by
Redfield, J.
So far as we' know, or can learn from the English books upon the subject, this kind of paper, which comes up in the present case, for the mere purpose of obtaining bank discounts,, is not much known in Westminster Hall. It seems to be mostly an invention of a Cisatlantic origin. For this reason, probably, we find almost nothing in the English books, which affords much aid in determining the case.
What is said,; in Story on Prom', Notes, § 292, and in Cony v. Scott, 3 B. & Ad. 619, only shows, at most, that an accommodation *163indorser is…
2Cases cited7 opinions
- Brown v. MottNew York Supreme Court · 1811
- McDonald v. MagruderSupreme Court of the United States · 1830
- Harris v. WarnerNew York Supreme Court · 1835
- Lapham v. BarnesSupreme Court of Vermont · 1828
- Flint v. DaySupreme Court of Vermont · 1837
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- Sweet v. McAllisterMassachusetts Supreme Judicial Court · 1862