Lewis v. Jewett
Supreme Court of Vermont
Assumpsit. Pleas, the general issue, with notice of payment, and offset. The case was referred. The plaintiff sought to recover on two promissory notes of which the defendant was the maker, and at the hearing he presented the notes and rested. The defendant had before then filed a specification of his claim in offset, but after the plaintiff rested he filed an additional specification, to which the plaintiff objected. The referee found the following facts.
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Assumpsit. Pleas, the general issue, with notice of payment, and offset. The case was referred. The plaintiff sought to recover on two promissory notes of which the defendant was the maker, and at the hearing he presented the notes and rested. The defendant had before then filed a specification of his claim in offset, but after the plaintiff rested he filed an additional specification, to which the plaintiff objected. The referee found the following facts. In October, 1871, the defendant delivered to the plaintiff certain notes of which Henry L. Mower was the maker, as collateral security for…
1Opinion of the Court
The opinion of the court Vas delivered by
Ross, J.
On the facts found by the referee, the plaintiff held the Mower notes as security for the payment of the two notes in suit against the defendant. On these notes the plaintiff received, including the $92 received by him August 11, 1875, with interest added on the prior receipts to the latter date, $440.08. The $92 was received subsequently to the commencement of this suit. The amount due the plaintiff on the notes against the defendant, August 11, 1875, without deducting the $18 usury, or extra interest, received by him, was $414.54. Hence, if…
2Cases cited1 opinion
- Ewing v. GriswoldSupreme Court of Vermont · 1871
3Cited by4 opinions
- Thorp v. CrotoSupreme Court of Vermont · 1907
- Currier v. KingSupreme Court of Vermont · 1908
- Congdon v. TorreySupreme Court of Vermont · 1921
- Southworth v. KimballSupreme Court of Vermont · 1885