Legal Opinion

Hough v. Barton

Supreme Court of Vermont

Decided July 15, 1848PublishedCited by 5 opinions

Indebitatus Assumpsit for money had and received. Plea, the general issue, and trial by jury, November Term, 1846, — -Kellogg, J., presiding.

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Indebitatus Assumpsit for money had and received. Plea, the general issue, and trial by jury, November Term, 1846, — -Kellogg, J., presiding. On trial the plaintiff gave evidence tending to prove, that in the autumn of the year 1837 the defendant executed and delivered to the plaintiff a promissory note for $150,00, payable in two years from date, and that the note was subsequently conveyed by the plaintiff to one Francis Kidder, and by Kidder to Robert Barker ; and it was conceded, that the note was, at the time of the commencement of this suit, the property of Barker, and that this suit was…

1Opinion of the Court

The opinion of the court was delivered by

Davis, J.

It was conceded, on trial, that Barker was the owner of the note given by the defendant to Hough, and that the suit was commenced and prosecuted by him, for his own benefit, though in the name of the payee. Although the language of the record is not perfectly explicit on this subject, it may reasonably be inferred, that, at the time of bringing the action, and before, the defendant was apprised of the transfer to Kidder, and afterwards by him to Barker. Under such circumstances, although a different rule prevails in England, yet in this state…

2Cases cited3 opinions

  1. Lazell v. LazellSupreme Court of Vermont · 1840
  2. Sargeant v. SargeantSupreme Court of Vermont · 1846
  3. Viles & Atkins v. MoultonSupreme Court of Vermont · 1839

3Cited by5 opinions

  1. Conn. River Savings Bank v. AlbeeSupreme Court of Vermont · 1892
  2. Allen v. ReillyNevada Supreme Court · 1880
  3. Halloran v. WhitcombSupreme Court of Vermont · 1871
  4. Mackey v. MackeySupreme Court of Colorado · 1891
  5. Adams v. EdmundsSupreme Court of Vermont · 1883

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