New England Fire Insurance v. Haynes
Supreme Court of Vermont
Assumpsit. Pleas, general issue, statute of limitations and notice. Heard on referee’s report at the March term, 1898, Rutland county, Start, J., presiding. Judgment for the plaintiff. The defendant excepted. cited Kingsbury v. Butler, 4 Yt. 458; Bell v. Yates, 33 Barb. 627; Howland y. Edmonds, 24 N. Y. 307; Dawley y. Wheeler, 52 Vt. 574; Palmer v. Palmer, 36 Mich. 487; Steele y. Steele, 25 Pa. St. 154; Morrison v. Mullin, 34 Pa.
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Assumpsit. Pleas, general issue, statute of limitations and notice. Heard on referee’s report at the March term, 1898, Rutland county, Start, J., presiding. Judgment for the plaintiff. The defendant excepted. cited Kingsbury v. Butler, 4 Yt. 458; Bell v. Yates, 33 Barb. 627; Howland y. Edmonds, 24 N. Y. 307; Dawley y. Wheeler, 52 Vt. 574; Palmer v. Palmer, 36 Mich. 487; Steele y. Steele, 25 Pa. St. 154; Morrison v. Mullin, 34 Pa. St. 12; Lower v. Miller, 66 la. 408; Rhines y. Evans, 66 Pa. St. 195; Thrall y. Mead, 40 Vt. 540.
1Opinion of the CourtThompson, J.
The plaintiff is an insurance company, incorporated by No. 176, St. 1880. It seeks to recover upon the following note, executed and delivered to it by the defendant. “$900. Rutland, Vt., Feb’y 9th, 1885. For value received, I promise to pay to the ‘New England Fire Insurance Co.,’ at its office in Rutland, .Vt., nine hundred dollars, payable in such installments and at such time or times as the Directors may require, notice thereof being published agreeably to the charter.” This note was given for twenty shares of stock of the plaintiff company, first issued to the Atlas Guaranty Company, and…
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