Herren v. Campbell
Supreme Court of Vermont
Assumpsit upon a promissory note for $250, dated March 6, 1835. The action came to the county court by appeal, the plaintiff claiming, in his declaration, that there was but $98,00 due upon the note at the time suit was brought. Plea, the general issue, and trial by the court, — Redfield, J., presiding. The defendant also filed a written motion to dismiss the suit for want of jurisdiction in the justice of the peace, before whom the suit was commenced.
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Assumpsit upon a promissory note for $250, dated March 6, 1835. The action came to the county court by appeal, the plaintiff claiming, in his declaration, that there was but $98,00 due upon the note at the time suit was brought. Plea, the general issue, and trial by the court, — Redfield, J., presiding. The defendant also filed a written motion to dismiss the suit for want of jurisdiction in the justice of the peace, before whom the suit was commenced. On trial it appeared, that the sum of $41,50 was indorsed upon the note by the plaintiff, at the time he commenced this action, and that this…
1Opinion of the Court
The opinion of the court was delivered by
Royce, J.
It is clear, that a fictitious indorsement, like the one in question, could be of no avail to the creditor, if designed to affect the operation of the statute of limitations, or, indeed, to defeat or abridge any valuable right of the debtor. The question, therefore, is, whether any such right of the defendant was infringed by this act of the plaintiff. The apparent effect was to ease and benefit the defendant, by remitting a portion of his debt. In cases of uncertain damages, as trespass and many others, the plaintiff, though entitled, from…
2Cases cited2 opinions
- Boutwell v. MasonSupreme Court of Vermont · 1839
- Perkins v. RichSupreme Court of Vermont · 1840
3Cited by4 opinions
- Danforth v. StreeterSupreme Court of Vermont · 1856
- Carpenter v. PierSupreme Court of Vermont · 1858
- Warren v. Town of NewfaneSupreme Court of Vermont · 1853
- Stewart v. Thompson & Co.Supreme Court of Georgia · 1890