Legal Opinion

St. Albans Bank v. Dillon

Supreme Court of Vermont

Decided January 15, 1857PublishedCited by 14 opinions

This was assumpsit upon a note for one hundred and ten dollars and forty-four cents. Plea, the general issue; trial by jury, at the December Term, 1856, — Peck, J., presiding. The plaintiffs proved the execution and delivery of the note at the time of its date, to A. Burr or order, payable at the St. Albans Bank, on the 1st of December, 1855; and that Burr indorsed and delivered the note to the plaintiffs in the usual course of business, and before the note became due.

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This was assumpsit upon a note for one hundred and ten dollars and forty-four cents. Plea, the general issue; trial by jury, at the December Term, 1856, — Peck, J., presiding. The plaintiffs proved the execution and delivery of the note at the time of its date, to A. Burr or order, payable at the St. Albans Bank, on the 1st of December, 1855; and that Burr indorsed and delivered the note to the plaintiffs in the usual course of business, and before the note became due. The plaintiffs at the same time advanced the amount to Burr, discounting the note, and became the bona fide owners and…

1Opinion of the Court

The opinion of the court was delivered by

Bennett, J.

We apprehend the defense set up to this note can not be sustained.

It is claimed that the note in question is void, it being taken, as it is said, upon a contract made in contravention of sound policy. Burr, the sheriff of the county, and jailer, took the note payable to himself or order, in discharge of the fine and costs for the nonpayment of which Mrs. Dillon had been committed to jail, and she was thereupon discharged from her confinement. Whenever she paid the fine and costs she was entitled to her liberty, and when the jailer took it…

2Cited by14 opinions

  1. City of Montpelier v. National Surety Co.Supreme Court of Vermont · 1923
  2. Phelps v. DawsonCourt of Appeals for the Eighth Circuit · 1938
  3. Davis v. StattsIndiana Supreme Court · 1873
  4. State v. ParkerSupreme Court of Alabama · 1882
  5. Kyger v. SipeSupreme Court of Virginia · 1882

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