Snow v. Conant
Supreme Court of Vermont
Assumpsit upon a promissory note, executed by the defendant and one Thomas Conant, made payable to Gilbert Allen or order, and by him endorsed to tbe plaintiff. Tbe writ issued against both signers of sai$} note, but a return of non est inventus was made as to Thomas Conant, and tbe action was entered and prosecuted against the defendant only.
Read the full summary
Assumpsit upon a promissory note, executed by the defendant and one Thomas Conant, made payable to Gilbert Allen or order, and by him endorsed to tbe plaintiff. Tbe writ issued against both signers of sai$} note, but a return of non est inventus was made as to Thomas Conant, and tbe action was entered and prosecuted against the defendant only. The defendant pleaded, first, the general issue, which was joined — second, an offset of two promissory notes executed by said Gilbert Allen, made payable to one Cornelius Harding or order, and by him endorsed to the defendant. The endorsement of these…
1Opinion of the Court
The opinion of the court was delivered-by
Royce, J.
The object of the evidence offered was to impeach the defendant’s title to the notes pleaded in offset, by showing a want of consideration for their endorsement by Harding. This line of defence to the declaration in offset, seems to be somewhat inconsistent with the plaintiff’s plea, which impliedly admits the validity of the endorsements by Harding to the defendant, and appears to present merely the question of priority between the notice given by the plaintiff to the defendant and Thomas Conant, and that given by the defendant to Allen. But…
2Cited by3 opinions
- Ghingher v. FanseenCourt of Appeals of Maryland · 1934
- Cobb v. CowderySupreme Court of Vermont · 1867
- Adams v. BlissSupreme Court of Vermont · 1844