Foster v. Barney
Supreme Court of Vermont
This was an action of assumpsit brought by the endorsee of a promissory note against the endorser. It was originally commenced before a justice of the peace,and came into the county court by appeal.
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This was an action of assumpsit brought by the endorsee of a promissory note against the endorser. It was originally commenced before a justice of the peace,and came into the county court by appeal. The cause was submitted to that court, Royce, J„ presiding, on the following stated case, agreed to by the parties : “ On the 3d day of January, 1827, one Aiken Lawrence executed his note to the defendant in the words following : “ Due Lemuel Barney, or order, the sum of thirty two dollars “ and seventy two cents, with interest. “ Signed, Aiken Lawrence.” On the 26th day of January, 1827, the…
1Opinion of the Court
*64The opinion of the Court was pronounced by * ^ »
Paddock, J.
The general principles of law which govern negotiable notes and bills of exchange will not apply in this case. It's well understood that upon the presentment and refusal to pay a negotiated promissory note, where recourse may be had back, the endorsee has an immediate right of action against the endorser, upon giving notice of the non-payment: but it cannot be contended in this case that Barney was liable to Foster at the time he commenced the suit against Lawrence. It is apparent from the wording of the endorsement that Barney…
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