Sawyer v. Cutting
Supreme Court of Vermont
Assumpsit upon a promissory note for $161,94, dated April 6, 1847, executed by the defendants, by the name of their firm of Cutting, Hindman <&• Co., and made payable to William Frazier, or bearer, on demand with interest. Plea, the general issue, and trial by jury, December Term, 1849, — Rebfield, J., presiding.
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Assumpsit upon a promissory note for $161,94, dated April 6, 1847, executed by the defendants, by the name of their firm of Cutting, Hindman <&• Co., and made payable to William Frazier, or bearer, on demand with interest. Plea, the general issue, and trial by jury, December Term, 1849, — Rebfield, J., presiding. On trial, the plaintiff having given in evidence the note declared upon, the defendants claimed to have paid the note, and proved, that some time previous to October 11,1847, William Frazier, the payee of the note, was indebted to the Bank of Newbury upon a promissory note for…
1Opinion of the Court
The opinion of the court was delivered by
Kellogg, J.
To determine whether the defendants were entitled to the instructions claimed at the trial below, and consequently to a verdict, it becomes necessary to inquire, whether the facts found justify the conclusion, that the contract between Mrs. Frazier and Hindman, respecting the payment of the bank note by Hindman and the giving up the note in question, was originally made with the assent of Mr. Frazier either express, or implied, or was subsequently adopted by him. For the power of the wife to bind her husband by her contracts is founded upon…
2Cases cited4 opinions
- Benjamin v. BenjaminSupreme Court of Connecticut · 1843
- Church v. LandersNew York Supreme Court · 1833
- Rotch v. MilesSupreme Court of Connecticut · 1818
- Felker v. EmersonSupreme Court of Vermont · 1844
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- Borba v. LealHawaii Supreme Court · 1914
- Kendleberger v. VandeusenIndiana Superior Court · 1873