Briggs v. Williams
Supreme Court of Vermont
Action of assumpsit on promisory note. — This cause came before the Court on the following bill of exceptions: “ On trial the plaintiff offered in evidence his note and endorsements, which were in the following words and figures; “ $800. — -On demand, for value rec5d, we the subscribers, of Manchester, promise to pay E. Warren, Bro’s & Co. or order* “ eight hundred dollars, with interest. Troy, Sept. 11th, 1824. “ Hosea Williams & Sons.”
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Action of assumpsit on promisory note. — This cause came before the Court on the following bill of exceptions: “ On trial the plaintiff offered in evidence his note and endorsements, which were in the following words and figures; “ $800. — -On demand, for value rec5d, we the subscribers, of Manchester, promise to pay E. Warren, Bro’s & Co. or order* “ eight hundred dollars, with interest. Troy, Sept. 11th, 1824. “ Hosea Williams & Sons.” Indorsement — “ Pay the contents to David Briggs. at his risk, without recourse to us. Esaias Warren, Stephen Warren, Nathan Warren.” The defendants then…
1Opinion of the CourtTurner, J.
The only question raised in this case is, with regard to the application of the money received by E. Warren, Brothers & Co. — From a thorough examination of the cases cited by the parties, and from a number of recent decisions, the principles which govern this case seem to be well settled. The payer, at the time of payment, has the right to direct the application, and upon his neglect, the payee has a right to make his election, and is not bound to make it at the time of receiving the money, but may at any reasonable time after. And if neither party elect, the law will make the application,…
2Cited by5 opinions
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