Hakes, Battershall & Weed v. Hotchkiss
Supreme Court of Vermont
Assumpsit upon an agreement in writing by the defendant to pay a demand of the plaintiffs against Swan & Bates and Levi Robinson, in consideration of forbearance. Plea, the general issue, and trial by jury, September Term, 1850, — Royce, Ch. J., presiding. On trial the plaintiffs gave in evidence the agreement declared upon, which was signed by the defendant, and was dated March 11, 1846, and was in these words :— “ Messrs.
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Assumpsit upon an agreement in writing by the defendant to pay a demand of the plaintiffs against Swan & Bates and Levi Robinson, in consideration of forbearance. Plea, the general issue, and trial by jury, September Term, 1850, — Royce, Ch. J., presiding. On trial the plaintiffs gave in evidence the agreement declared upon, which was signed by the defendant, and was dated March 11, 1846, and was in these words :— “ Messrs. J. & J. G. Smith, Gent.: In consideration' that you “ will not sue the account of Henry E. Weed, of Troy, against “ Swan & Bates, and also that you will, not enforce the…
1Opinion of the Court
The opinion of the court was delivered by
Kellogg, J.
It is urged, that there was no sufficient delivery of the writing, upon which the suit is founded, to render it operative against the defendant. We are unable to discover the grounds, upon which this objection is based. The writing being executed by the defendant, and for the benefit of the plaintiffs, and being in their possession, is prima facie evidence, that the same was duly delivered. And the testimony of Mr. Smith has no tendency to rebut the presumption. As the attorney of the plaintiffs, he went to Georgia, to secure their demand…
2Cited by10 opinions
- Wills v. RossIndiana Supreme Court · 1881
- Calkins v. ChandlerMichigan Supreme Court · 1877
- Traders' National Bank v. ParkerNew York Court of Appeals · 1892
- Wilson v. Town of MonticelloIndiana Supreme Court · 1882
- Ballard v. BurtonSupreme Court of Vermont · 1892
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