Rutland & Burlington R. R. v. Cole
Supreme Court of Vermont
Assumpsit upon a promissory note. Plea, tlie general issue, and trial by the court, September Term, 1851,— Poland, J., presiding. On trial, the plaintiffs gave in evidence the note declared upon, signed by the defendant, and dated, October 15, 1849, and which was in these words, — “ Three months after date, for value received I promise to pay to the order of Samuel Henshaw, treasurer, &c. three hundred dollars, at the Farmers and Mechanics Bank, with interest.”
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Assumpsit upon a promissory note. Plea, tlie general issue, and trial by the court, September Term, 1851,— Poland, J., presiding. On trial, the plaintiffs gave in evidence the note declared upon, signed by the defendant, and dated, October 15, 1849, and which was in these words, — “ Three months after date, for value received I promise to pay to the order of Samuel Henshaw, treasurer, &c. three hundred dollars, at the Farmers and Mechanics Bank, with interest.” The plaintiffs also proved that Samuel Henshaw was treasurer of said corporation, and that said note was given for assessments upon…
1Opinion of the Court
By the Court.
This is an action for a promissory note, made payable to Samuel Henshaw, Treasurer, &c. And upon the trial, the plaintiffs gave parol evidence to show that Henshaw was at the time treasurer of their company, and that the debt for which it was given was theirs. The only question in the case is, whether upon this proof, it is competent for the plaintiffs to maintain the action in their own name.
The very able argument addressed to us on behalf of defendant would abundantly satisfy us, if we had entertained doubts, that by the general commercial law 'of most countries, where the…
2Cited by12 opinions
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- Alexander v. ChevalierSupreme Court of Vermont · 1924
- Valiquette v. Clark Bros. Coal Mining Co.Supreme Court of Vermont · 1910
- Camp v. BarberSupreme Court of Vermont · 1913
- Brown's Exr. v. Dunn's Est.Supreme Court of Vermont · 1903
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