Legal Opinion

Norton v. Downer

Supreme Court of Vermont

Decided March 15, 1843PublishedCited by 3 opinions

This was an action brought by the- plaintiff, as endorsee of a promissory note of S. Downer & Co., dated October 10, 1838, and made payable to Horace W. Dana, or bearer, and by him, for value received, endorsed to the plaintiff on the 1st of May, 1840. Plea, general issue, and trial by jury.

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This was an action brought by the- plaintiff, as endorsee of a promissory note of S. Downer & Co., dated October 10, 1838, and made payable to Horace W. Dana, or bearer, and by him, for value received, endorsed to the plaintiff on the 1st of May, 1840. Plea, general issue, and trial by jury. On the trial in the county court the plaintiff proved that the defendants composed the firm of S. Downer & Co.; that Wooster Downer, one of the defendants, executed the note, by affixing thereto the name of the firm, and delivered it to the said Dana, another of the defendants; and that the endorsement of…

1Opinion of the Court

The opinion of the court was delivered by

Redfield, J.

The objection to the plaintiff’s claim, that the note was originally executed by all the defendants, as a partnership, and made payable to one of the firm, Horace W. Dana, who endorsed the note to the plaintiff, is merely technical; and although avoidable, at law, while the note remained in the hands of the payee, as it created an insurmountable defect of legal parties, as the same person cannot be both plaintiff and defendant — we think, is whol*571]y removed by the negociation of the note. The same view has been taken of this matter by the…

2Cited by3 opinions

  1. Walker v. WaitSupreme Court of Vermont · 1878
  2. Manatee Loan & Mortgage Co. v. Manley's EstateSupreme Court of Vermont · 1934
  3. Ormsbee v. KidderSupreme Court of Vermont · 1875

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