Eastman v. Potter
Supreme Court of Vermont
This was an action on the case endorsee against endorser of a note payable in grain in January, 1830, executed by Peleg Eddy to Abraham Potter, and by Potter endorsed to plaintiff.
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This was an action on the case endorsee against endorser of a note payable in grain in January, 1830, executed by Peleg Eddy to Abraham Potter, and by Potter endorsed to plaintiff. On the trial the plaintiff introduced evidence tending to prove a demand of the grain, at the time and place, of payment, which was at the ’dwelling house where the defendant resided ; that the defendant being present, notice was given him of the nonpayment; and that the defendant denied he had endorsed the note. The defendant introduced evidence tending to prove, that the plaintiff had not the note with him either…
1Opinion of the Court
Baylies, J.,
delivered the opinion of the Court. — In the case of Aldis & Gadcomb vs. Johnson, (1 Vt. Rep.136,) it was decided, that the endorsee of anote not negotiable must follow the rules of the law-merchant in making demand of payment and giving notice of non-payment in a reasonable time. Then let us apply these rules to the note in question, which was payable in grain in January, 1830, at the defendant’s dwelling house. The note was executed by Peleg Eddy to Abraham Potter, and by Potter endorsed to the plaintiff. The plaintiff appeared at the time and place the note was payable, ready…
2Cases cited4 opinions
- Bank of United States v. SmithSupreme Court of the United States · 1826
- Freeman v. BoyntonMassachusetts Supreme Judicial Court · 1811
- President of the Berkshire Bank v. JonesMassachusetts Supreme Judicial Court · 1810
- Aldis v. JohnsonSupreme Court of Vermont · 1828
3Cited by3 opinions
- Pierce v. GilsonSupreme Court of Vermont · 1837
- Porter v. East Jordan Realty Co.Michigan Supreme Court · 1920
- Stone v. CloughSupreme Court of New Hampshire · 1860