Bank of Newbury v. Richards
Supreme Court of Vermont
Assumpsit on a promissory note for six hundred dollars, dated August 15th, 1857, payable to the plaintiffs in ninety days after date, and signed by the defendants, and by one Wyman, who was also named as a defendant in the writ, but as to whom the officer serving the writ made a non est return. The defendant Webster pleaded the general issue, and the cause was tried at the January Term, 1861, Peck, J., presiding.
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Assumpsit on a promissory note for six hundred dollars, dated August 15th, 1857, payable to the plaintiffs in ninety days after date, and signed by the defendants, and by one Wyman, who was also named as a defendant in the writ, but as to whom the officer serving the writ made a non est return. The defendant Webster pleaded the general issue, and the cause was tried at the January Term, 1861, Peck, J., presiding. It appeared that the defendant Richards was the principal upon the note, and Webster and Wyman only sureties ; that Richards procured the sureties to sign the note under the…
1Opinion of the CourtBarrett, J.
Under several successive decisions in this state* beginning with the Bank of Burlington v. Beach, 1 Aik. 62, and ending with the Bank of Middlebury v. Bingham et al., 33 Vt. 621, in which the decisions of the courts of other states, on the same subject, have been fully considered, it must now be regarded as settled, that Morse could advance the money upon this note, and receive and hold it as a valid instrument against the makers thereof, enforceable by suit in the name of the bank* unless precluded by some act or default on his part, as the holder.
As he did advance the money and take the…
2Cases cited2 opinions
- Bank of Burlington v. BeachSupreme Court of Vermont · 1825
- Bank of Middlebury v. BinghamSupreme Court of Vermont · 1861
3Cited by7 opinions
- Rouse v. Wooten.Supreme Court of North Carolina · 1906
- Clifford v. West Hartford Creamery Co.Supreme Court of Vermont · 1931
- Ballard v. BurtonSupreme Court of Vermont · 1892
- Evans v. Speer Hardware Co.Supreme Court of Arkansas · 1898
- Briggs v. BoydSupreme Court of Vermont · 1865
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