Chandler v. Mason
Supreme Court of Vermont
This was an action of assumpsit brought by the plaintiff, as endor-see oí a promissory note, against the defendant, as endorser.
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This was an action of assumpsit brought by the plaintiff, as endor-see oí a promissory note, against the defendant, as endorser. On trial in the county court the plaintiff, without proving, or offering to prove, that the note had been presented to the- maker, J. Brown, for payment, or that Brown had refused to pay it, offered to prove a want of consideration in the note ; to which the defendant ’ objected ; but the court permited testimony to be given to the jury tending to prove that point. The plaintiff then offered to prove the same fact by said Brown. This was objected to by the defendant…
1Opinion of the Court
Near the close of the term the opinion of the Court was delivered by
HutchinsoN, J.
The plaintiff, as endorsee of the note in question, claims to recover of the endorser, the present defendant, without showing any demand upon Broivn, the maker of the note, for payment, or any refusal by him ; and, as is to be supposed from the case, without any notice to the endorser, that the note remained unpaid. He has attempted to excuse this neglect, by showing that the note was void in its creation for want of consideration : and has attempted to show this by the testimony of Brown, the maker. It appears…
2Cases cited1 opinion
- Baker v. ArnoldNew York Supreme Court · 1803
3Cited by2 opinions
- Pecker v. SawyerSupreme Court of Vermont · 1852
- Thayer v. CrossmanMassachusetts Supreme Judicial Court · 1840