Legal Opinion

Bryant v. Pember

Supreme Court of Vermont

Decided February 15, 1873PublishedCited by 6 opinions

Assumpsit upon a promissory note for fifty dollars, executed by the defendant, and payable to H. A. Bryant, or bearer., The defendant pleaded, first, the general issue ; secondly, actio non, “ Because he says that the note named in said first count, was given by this defendant to Hiram A. Bryant,.named in said count as H. A. Bryant, for a cow bought by the defendant of' said Hiram, which cow, at the time of said purchase and giving said note therefor, was sick, and of no…

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Assumpsit upon a promissory note for fifty dollars, executed by the defendant, and payable to H. A. Bryant, or bearer., The defendant pleaded, first, the general issue ; secondly, actio non, “ Because he says that the note named in said first count, was given by this defendant to Hiram A. Bryant,.named in said count as H. A. Bryant, for a cow bought by the defendant of' said Hiram, which cow, at the time of said purchase and giving said note therefor, was sick, and of no value whatever, and soon after died; that on said sale, said Hiram represented said cow to be a good cow, and all right,…

1Opinion of the Court

The opinion of the court was delivered by

Peck, J.

The charge of the court, “ that if the cow was worthless as a cow ; if,- in point of fact, H. A. Bryant conveyed no value to Pember by the sale of the cow to him ; there was no consideration for the note, and that would be a defense,” treats the simple fact that the cow, by reason of a disease upon her at the time of the sale, was at that time worthless, as constituting a want of consideration which avoids the note. An entire want of consideration, or an entire failure of consideration, is a good defense to the entire note. The question is,…

2Cited by6 opinions

  1. Hill v. DillonMissouri Court of Appeals · 1913
  2. Hunting v. DownerMassachusetts Supreme Judicial Court · 1890
  3. Wood v. BoyntonWisconsin Supreme Court · 1885
  4. Reynolds v. PalmerU.S. Circuit Court for the District of Western North Carolina · 1884
  5. Reese v. Estate of BerbeckerAppellate Court of Illinois · 1934

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