Stiles v. Farrar
Supreme Court of Vermont
Assumpsit upon a promissory note, not negotiable. The defendant filed in offset his declaration on book account against the plaintiff, pursuant to the statute, and recovered judgment thereon for a balance in his favor, and pleaded the same in offset to the plaintiff’s claim upon the note, averring that the account, upon which that balance was founded, accrued to him long prior to the execution of the note in suit.
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Assumpsit upon a promissory note, not negotiable. The defendant filed in offset his declaration on book account against the plaintiff, pursuant to the statute, and recovered judgment thereon for a balance in his favor, and pleaded the same in offset to the plaintiff’s claim upon the note, averring that the account, upon which that balance was founded, accrued to him long prior to the execution of the note in suit. The plaintiff replied, that, prior to the commencement of this action, the note in suit was assigned and transferred by him to one Haskins, for a valuable consideration, and notice…
1Opinion of the Court
The opinion of the court was delivered by
Kellogg, J.
The county court having adjudged the defendant’s rejoinder insufficient and rendered judgment for the plaintiff, the case is brought to this court for revision; and the question raised by the bill of exceptions is, whether the rejoinder is sufficient. The note declared upon is not negotiable, yet the payee’s interest in it might well be assigned, and, upon notice of the assignment to the maker, the equitable interest of the assignee would be protected at law. This principle is too well settled to admit of controversy. It is no longer an open…
2Cases cited5 opinions
- Crocker v. WhitneyMassachusetts Supreme Judicial Court · 1813
- Moar v. WrightSupreme Court of Vermont · 1826
- Bucklin v. WardSupreme Court of Vermont · 1835
- Dawson v. ColesNew York Supreme Court · 1819
- Strong v. StrongSupreme Court of Vermont · 1827
3Cited by1 opinion
- Trow v. BraleySupreme Court of Vermont · 1884