Leavenworth v. D. P. Lapham, & Co.
Supreme Court of Vermont
Thig action has come from the County Court by a bill of exceptions, the particulars of which are sufficiently j\eGited in the argument of Counsel, and the opinion of the Court. The action was upon a note, to which the general issue and sundry pleas in offset were plead. Plaintiff de-; murred to these pleas in offset.
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Thig action has come from the County Court by a bill of exceptions, the particulars of which are sufficiently j\eGited in the argument of Counsel, and the opinion of the Court. The action was upon a note, to which the general issue and sundry pleas in offset were plead. Plaintiff de-; murred to these pleas in offset. Argument for defendant. — This is an action on a note, originally payable to Levy Rood or bearer, and brought in the name of John C, Thompson as bearer for, the purpose of collection. To this there is the plea of general issue, and four pleas in offset, declaring against Thos. D.…
1Opinion of the Court
Hutchinson, Ch. J.
after stating the case, as before recited, pronounced the opinion of the Court.
The plea or pleas in offset, predicated upon the three notes, cannot be supported in this action, upon any grounds we can discover. It seems rather intended as one plea upon the three notes; for, though each is described separately, yet no promise is raised to the defendant upon either, till all three are described ; and the plea alleges a promise to pay all three to the defendant. But there are more incurable difficulties. None of the notes are payable to the defendant. One of them is neither…
2Cited by2 opinions
- Adams v. BlissSupreme Court of Vermont · 1844
- Johnson v. KelleySupreme Court of Vermont · 1895