Cady v. Goodnow
Supreme Court of Vermont
Assumpsit upon promissory notes. Pleas, the general issue, set-off, and payment. Trial by the court, September Term, 1876, Barrett, J., presiding.
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Assumpsit upon promissory notes. Pleas, the general issue, set-off, and payment. Trial by the court, September Term, 1876, Barrett, J., presiding. The facts were, that the notes in question were executed by the defendant in this state, of which he then and at the time of trial was a citizen, and payable to the order of Hallady & Fuller, partners, at the Adams National Bank of North Adams, Massachusetts 3 that they were given to Elliott B. Fuller, the surviving partner of said firm, who was also a citizen of this state, to be used by him in the prosecution of his business, and were by him…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
These two cases were tried together by the County Court, and present the same questions, and they all arise on the trial of the defendant’s pleas of payment and set-off. It is found by the County Court, that the defendant himself has never paid the plaintiff anything on the notes in suit, either as interest or usury, but that Elliott B. Fuller, for whose accommodation the defendant executed the notes in suit, and who indorsed and passed the same to the plaintiffs, has paid the plaintiffs as interest and bonus on and in respect to the notes in…
2Cited by6 opinions
- Lamoille County National Bank v. BinghamSupreme Court of Vermont · 1877
- Bank of Newbury v. SinclairSupreme Court of New Hampshire · 1880
- Lafountain v. Burlington Savings BankSupreme Court of Vermont · 1883
- Richardson v. BakerSupreme Court of Vermont · 1880
- Brown v. PiliniSupreme Court of Vermont · 1970
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