Farmers' Bank v. Burchard
Supreme Court of Vermont
Assumpsit. The declaration contained special counts on a note and two drafts for ten thousand dollars each, dated at Detroit, Michigan, respectively July 6th, 1853, August 26th, 1853, and September 18th, 1858, signed by Smith, Dwight & Co., payable to the order of Howard and Toms, endorsed by them, by the defendant and other endorsers, and payable with exchange on New York, the note on demand and the drafts at sight, with interest at five per cent, per annum.
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Assumpsit. The declaration contained special counts on a note and two drafts for ten thousand dollars each, dated at Detroit, Michigan, respectively July 6th, 1853, August 26th, 1853, and September 18th, 1858, signed by Smith, Dwight & Co., payable to the order of Howard and Toms, endorsed by them, by the defendant and other endorsers, and payable with exchange on New York, the note on demand and the drafts at sight, with interest at five per cent, per annum. The drafts were drawn on the Metropolitan Bank, New York. The declaration also contained special counts on three joint and several…
1Opinion of the CourtBarbett, J.
This is an action of assumpsit, in which the declaration contains special counts on a note and two drafts for ten thousand dollars each, dated respectively July 6th, 1853, August 26th, 1853, and September 13th, 1853, payable presently at five per cent, per annum, to which the defendant was party merely as surety ; on which paper, at the respective dates, the plaintiff advanced to Smith, Dwight & Co., of Detroit, Michigan, said sums of .money, under an arrangement previously made that said Smith, Dwight & Co. were to have the money for a year, giving it circulation, and providing for its…
2Cases cited20 opinions
- Bank of Augusta v. EarleSupreme Court of the United States · 1839
- De Wolf v. JohnsonSupreme Court of the United States · 1825
- Fleckner v. President of the Bank of the United StatesSupreme Court of the United States · 1823
- Andrews v. PondSupreme Court of the United States · 1839
- Bank of the United States v. Waggener and OthersSupreme Court of the United States · 1835
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3Cited by9 opinions
- Craven v. Bates, Kingsbery & Co.Supreme Court of Georgia · 1895
- Brown v. Stotts City BankSupreme Court of Missouri · 1931
- Strong Hardware Co. v. Gonyow Et Ux.Supreme Court of Vermont · 1933
- Crocker v. BrandtSupreme Court of Vermont · 1972
- Darby v. Boatman's Sav. Inst.U.S. Circuit Court for the District of Missouri · 1870
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