Blake v. Peck
Supreme Court of Vermont
Assumpsit on a promissory note, payable on demand to Moses L. Hart or bearer, and by him indorsed to plaintiff. Plea, Non assumpsit, issue to the country.
Read the full summary
Assumpsit on a promissory note, payable on demand to Moses L. Hart or bearer, and by him indorsed to plaintiff. Plea, Non assumpsit, issue to the country. Upon'the trial in the county court, the execution and indorsement of the note having been proved, the defendant introduced testimony tending to prove the following facts, viz.;— Sometime before the execution of the note in question, four or six horses of the defendant’s were attached, at the suit of one of his creditors, and he procured the said Hart to receipt them to the sheriff. A judgment was obtained by the attaching creditor, a writ…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
It is urged in the argument that the plain*485tiff is not entitled to recover on his note, inasmuch as it is without consideration, and was also obtained through fraud. We will proceed to examine each of these objections.
The horses had been attached by the present plaintiff as the property of Hart, and the plaintiff proposed to the defendant,- that if he would execute his note for the amount of Hart’s bid, he would receive it on his debt against Hart, and discharge his attachment, and the note was accordingly executed, payable to Hart’s order,…
2Cited by3 opinions
- Chaffee v. Rutland RailroadSupreme Court of Vermont · 1882
- Davisson v. FordWest Virginia Supreme Court · 1884
- McCloy's Admrx. v. WatkinsSupreme Court of Vermont · 1915