Charles F. Warner & Co. v. McGary
Supreme Court of Vermont
This action was brought against the defendant to recover the amount of a promissory note which had been sold and transferred by him to the plaintifis. The note was as follows : “Burlington, July 18,, 1827. “ For value received I promise to pay to William McGary, or “ order, the sum oi fifty dollars, on the first day of April next, “ with interest. Signed, Hugh Riddle, John Shaughness,, John Turnen.”
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This action was brought against the defendant to recover the amount of a promissory note which had been sold and transferred by him to the plaintifis. The note was as follows : “Burlington, July 18,, 1827. “ For value received I promise to pay to William McGary, or “ order, the sum oi fifty dollars, on the first day of April next, “ with interest. Signed, Hugh Riddle, John Shaughness,, John Turnen.” The assignment was in these words: Burlington, JVov. 24, 1828. “ I hereby sell to Charles F. Warner & Co. a note in my “ favor against Hugh Riddle, John Shaughness and John Turnen, “ all of…
1Opinion of the Court
The opinion of the Court was delivered by,
Williams, J.
To maintain this action,and entitle themselves to • a verdict,the plaintiffs must have proved the sale of the note to them by the defendant, and that Turner, who appeared by the note to be one of the makers, was not so in fact, but that he intended to put his signature thereto as a subscribing witness only, and not as a joint promissor. Of the sale and warranty set forth in the declaration, there was no doubt. On the note thus sold, the name of John Turner appeared as one of the signers. To prove that it was not so signed by him, or was…
2Cited by4 opinions
- Spencer v. DearthSupreme Court of Vermont · 1870
- Williams v. BaldwinSupreme Court of Vermont · 1835
- White v. MortonSupreme Court of Vermont · 1849
- Carpenter v. PierSupreme Court of Vermont · 1858