Hopkins v. Adams
Supreme Court of Vermont
In Chancery. Appeal from the court of chancery. The orator alleged in hist bill, in substance, that March 80, 1840, he loaned to the defendants $131,00, for which they executed to him a negotiable promissory note, payable on demand with interest; that about the first of July, 1840, he lost the note, and had never seen it since; that within a few weeks afterwards he informed the defendants of the loss, and. requested them to execute to him another note of the same tenor,—…
Read the full summary
In Chancery. Appeal from the court of chancery. The orator alleged in hist bill, in substance, that March 80, 1840, he loaned to the defendants $131,00, for which they executed to him a negotiable promissory note, payable on demand with interest; that about the first of July, 1840, he lost the note, and had never seen it since; that within a few weeks afterwards he informed the defendants of the loss, and. requested them to execute to him another note of the same tenor,— which they declined doing, although the orator offered to' discharge the lost note in full; that he repeated the same…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
This is a bill to obtain relief, as well as discovery, in regard to a negotiable promissory note, alleged to have been lost when over due, and not indorsed; annexing to the bill an affidavit of loss, but no indemnity being tendered to the defendants, either before or at the time of bringing the bill, the plaintiff insisting all the time that none is necessary, though he offered a release of the note. The defendants have answered the bill, testimony has been taken, the case has been heard in the court of chancery, and a decree entered for…
2Cases cited1 opinion
- Lazell v. LazellSupreme Court of Vermont · 1840
3Cited by6 opinions
- Robinson v. DixWest Virginia Supreme Court · 1881
- Wuerth v. FrohlichMichigan Supreme Court · 1930
- Goslee v. RoweSupreme Court of Connecticut · 1931
- Adams v. EdmundsSupreme Court of Vermont · 1883
- Hoil v. RathboneMichigan Supreme Court · 1891
1 more not listed; retrieve them via the Exa API.