Ewing v. Griswold
Supreme Court of Vermont
Assumpsit on a promissory note given by defendant to plaintiff’s testator. Pleas, the general issue, payment, and set-off for money had and received both by the testator and the plaintiff. Trial by the court, at the September term, 1867, Wheeler, J., presiding.
Read the full summary
Assumpsit on a promissory note given by defendant to plaintiff’s testator. Pleas, the general issue, payment, and set-off for money had and received both by the testator and the plaintiff. Trial by the court, at the September term, 1867, Wheeler, J., presiding. The court found that the plaintiff’s testator held another note of $1000 against the defendant at the same time he held the one in suit, and that the defendant paid him illegal interest upon the other note to an amount greater than the note in suit, while he held the latter note ; that the testator died June 17th, 1862, and…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
This action is assumpsit, founded on a promissory note. Pleas, the general issue, payment and set-off for money had and received.
The case shows that the plaintiff’s testator held another note of $1000 against this defendant, and that this defendant had paid him money on that note in a greater sum than the amount of the note in suit. Also that the defendant had paid this plaintiff, as executor, upon said $1000 note the amount of $24.39 as usury. The defendant claims to be allowed these two sums in offset to the note in suit.
It further…
2Cases cited2 opinions
- Barker v. EstySupreme Court of Vermont · 1847
- Wheatley v. WaldoSupreme Court of Vermont · 1863
3Cited by17 opinions
- Carpenter v. MurpheyWisconsin Supreme Court · 1883
- Probate Court v. GaleSupreme Court of Vermont · 1874
- Lewis v. JewettSupreme Court of Vermont · 1879
- Yearteau v. Bacon's EstateSupreme Court of Vermont · 1892
- Sabin v. KeltonSupreme Court of Vermont · 1881
12 more not listed; retrieve them via the Exa API.