Converse v. Foster
Supreme Court of Vermont
Action upon a promissory note for one hundred and seven dollars and fifty-two cents, dated Boston, Nov. 14,1849, payable to Loton, Gassett & Co., or order, six months after date, and indorsed to the plaintiff. Plea, the general issue, and trial by the court at the May Term, 1859, — Redeield, Ch. J., presiding.
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Action upon a promissory note for one hundred and seven dollars and fifty-two cents, dated Boston, Nov. 14,1849, payable to Loton, Gassett & Co., or order, six months after date, and indorsed to the plaintiff. Plea, the general issue, and trial by the court at the May Term, 1859, — Redeield, Ch. J., presiding. The facts found by the court, which it is material to state, are as follows: The note was given in Boston, Massachusetts, at the time it bears date, for spirituous liquors. The defendant had been in the habit of purchasing liquors of Loton, Gassett & Co., in Boston, who were dealers in…
1Opinion of the CourtPoland, J.
Under the decision of Territt et al. v. Bartlett, 21 Vt. 184, and several cases since, following that case, the note in suit must be regarded as founded upon an illegal consideration, and therefore invalid between the original parties, *830and in the hands of any holder with notice of such infirmity. The contract for the sale of the liquors being made in this State, with the knowledge that they were to be sold here in violation of our statute, made the sale illegal, though the delivery was in another State, where such sale, for aught that appears, would have been legal. The fact that the note for…
2Cases cited4 opinions
- Vallett v. ParkerNew York Supreme Court · 1831
- Territt v. BartlettSupreme Court of Vermont · 1849
- Pindar v. BarlowSupreme Court of Vermont · 1859
- President of the City Bank v. BarnardThe Superior Court of New York City · 1828
3Cited by12 opinions
- Washer v. SmyerTexas Supreme Court · 1919
- Union Trust Co. v. Preston National BankMichigan Supreme Court · 1904
- Farmers' Nat. Bank v. Sutton Manuf'g Co.Court of Appeals for the Sixth Circuit · 1892
- Weed v. Gainesville, Jefferson & Southern RailroadSupreme Court of Georgia · 1904
- Hamilton v. FowlerCourt of Appeals for the Sixth Circuit · 1899
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