Sanborn v. Cole
Supreme Court of Vermont
Assumpsit. Plea, the general issue with notice of special matter. Trial by jury at the June term, 1889, Boyce, Ch. J., presiding. Yerdict and judgment for the plaintiff. The defendant excepts.
Read the full summary
Assumpsit. Plea, the general issue with notice of special matter. Trial by jury at the June term, 1889, Boyce, Ch. J., presiding. Yerdict and judgment for the plaintiff. The defendant excepts. The plaintiff sought to recover upon five promissory notes, four for $100 each, and one for $50. All the notes bore date, August 31, 1871, and were made payable to one Sanborn, the former husband of the plaintiff, who died in 1877 or 1878. The defendant claimed that he had never executed but three of these notes, being three of the $100 notes. He was totally blind at the time the notes were given, and…
1Opinion of the Court
The opinion of the court was delivered by
MUNSON, J.
The defendant is sued as the maker of five promissory notes. The signature to the notes consists of the defendant’s name, with a cross designated as his mark. The name *593of H. Perkins appears upon each note as tlie signature of a witness. The defendant denied tlie execution of the notes, and put the plaintiff upon her proof. To establish the controverted fact, the plaintiff was permitted to show that the ñame “ H. Perkins ” was in the handwriting of one Iliram Perkins, and that said Perkins had deceased; and upon this showing, without other…
2Cases cited12 opinions
- Bank of Utica v. MersereauNew York Court of Chancery · 1848
- Mott v. HicksNew York Supreme Court · 1823
- Sherman v. Champlain Transportation Co.Supreme Court of Vermont · 1858
- Ramsay v. WarnerMassachusetts Supreme Judicial Court · 1867
- Ayer v. HawkinsSupreme Court of Vermont · 1846
7 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Rowell v. Estate of LewisSupreme Court of Vermont · 1900
- Hawkins v. WindhorstSupreme Court of Kansas · 1908
- Cooledge v. Continental Ins.Supreme Court of Vermont · 1894
- McBride v. NobleSupreme Court of Colorado · 1907
- McDowell v. McDowell's EstateSupreme Court of Vermont · 1903
2 more not listed; retrieve them via the Exa API.