National Bank v. Fassett
Supreme Court of Vermont
Assumpsit on a promissory note, dated Mareh 4,1867, executed by James H. Collins, as treasurer of the Boston Lumber Company, in behalf of said company, payable to the defendant Eassett or order at the Suffolk Bank three months from date, and purported to be endorsed by the defendant. In some of the counts the note was declared on as having been executed by the Boston Lumber Company, and in other counts as executed by James H. Collins.
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Assumpsit on a promissory note, dated Mareh 4,1867, executed by James H. Collins, as treasurer of the Boston Lumber Company, in behalf of said company, payable to the defendant Eassett or order at the Suffolk Bank three months from date, and purported to be endorsed by the defendant. In some of the counts the note was declared on as having been executed by the Boston Lumber Company, and in other counts as executed by James H. Collins. The defendant in the special counts was declared against as endorser. The declaration also contained the general money counts for money lent, and money had and…
1Opinion of the Court
The opinion of the court was delivered by
Barrett, J.
For the purposes of the question presented by the exceptions, it may be assumed that the putting of the defendant’s name on the note as endorser was wholly unauthorized, and that he had no knowledge that his wife had done it till he was informed of it, in the manner as testified by him, on the 22d of May, and that he supposed the money brought to him by his wife in March was furnished to her by the Lumber Company, in payment of his debt against said company.
According to his own testimony, on said 22d day of May the defendant was fully…
2Cases cited1 opinion
- Bigelow, Bros. & Kennard v. DenisonSupreme Court of Vermont · 1851
3Cited by3 opinions
- Windham Provident Institution for Savings v. SpragueSupreme Court of Vermont · 1871
- Adams v. SmithNevada Supreme Court · 1886
- Nason v. Addison County Trust Co.Supreme Court of Vermont · 1932