Chittenden v. Woodbury
Supreme Court of Vermont
Assumpsit on a promissory note. Plea, general issue, and plea alleging settlement and discharge by a deed of composition wherein the plaintiff and the other creditors of the defendant covenanted to dischai'ge their respective claims on payment of a certain percentage, and payment thereunder. Trial by jury, May Term, 1878, Barrett, J., presiding.
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Assumpsit on a promissory note. Plea, general issue, and plea alleging settlement and discharge by a deed of composition wherein the plaintiff and the other creditors of the defendant covenanted to dischai'ge their respective claims on payment of a certain percentage, and payment thereunder. Trial by jury, May Term, 1878, Barrett, J., presiding. The second plea set out the composition deed, which recited that the defendant was insolvent, and proposed to compound ; that among his assets were fifteen shares of stock in the First National Bank of Springfield, which were claimed to be held by the…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
This is an action on a note. The defendant pleads in bar of the action that the plaintiff’s claim had been settled and discharged by a composition deed in which the plaintiff and the other creditors of the defendant had covenanted under seal with the defendant to discharge this claim for a certain percentage, which had been paid to the plaintiff and accepted by him.
I. The plaintiff claims that the deed is inoperative, because the creditors of a solvent-firm of which defendant was a member, did not sign the deed. We think the contract did…
2Cited by1 opinion
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