Legal Opinion

Read v. Sturtevant

Supreme Court of Vermont

Decided January 15, 1868PublishedCited by 4 opinions

Assumpsit in the common counts. Plea, thé general issue, and trial by the court, at the April Adjourned Term, 1867, Wilson, J., presiding. The plaintiff introduced as evidence in support of his declaration, a note, of which the following is a true copy: “ $40.00. On demand, for value received, we jointly and severally promise to pay R. S. Read, or order, forty dollars in good hemlock bark, at the going price, with interest at 7 per cent.

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Assumpsit in the common counts. Plea, thé general issue, and trial by the court, at the April Adjourned Term, 1867, Wilson, J., presiding. The plaintiff introduced as evidence in support of his declaration, a note, of which the following is a true copy: “ $40.00. On demand, for value received, we jointly and severally promise to pay R. S. Read, or order, forty dollars in good hemlock bark, at the going price, with interest at 7 per cent. “ (Signed,) Jerry Sturtevant, “ (Signed,) B. Hayes. “ East Fairfield, February 19th, 1863.” The defendant admitted the execution of the note, but insisted…

1Opinion of the Court

The opinion of the court was delivered by

Steele, J.

This suit is brought against one of two joint and several makers of a demand note for forty dollars payable in hemlock bark. The other maker of the note is deceased. Two questions arise, one whether the facts disclose such a demand of payment as *524will entitle the plaintiff to- recover upon the money counts, and the other whether the plaintiff is under the statute a competent witness as to matters which occurred between him and the defendant, the defendant’s co-signer being dead.

I. The note was given February I9th, 1863. In the summer of 1863…

2Cited by4 opinions

  1. O'Dell v. O'DellSupreme Court of Iowa · 1947
  2. Chaffee v. Rutland RailroadSupreme Court of Vermont · 1882
  3. de Nottbeck v. ChapmanSupreme Court of Vermont · 1919
  4. State v. DonovanSupreme Court of Vermont · 1903

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