Aspinwall v. Tousey
Supreme Court of Vermont
ENDORSEES of a promissory note against the promisor. The plaintiffs declared on a promissory note made by the defendant to one Edward Ryan, and by him endorsed to them. The defendant pleaded non assumpsit to the declaration, and filed the following plea in set-off.
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ENDORSEES of a promissory note against the promisor. The plaintiffs declared on a promissory note made by the defendant to one Edward Ryan, and by him endorsed to them. The defendant pleaded non assumpsit to the declaration, and filed the following plea in set-off. And for further plea in this behalf, by leave of Court had, &c. the said Thomas says, that long before notice of the sale and endorsement of said promissory note, to wit, on the 28th day of November, 1785, at Vergennes aforesaid, the said Edward Ryan was justly indebted to the said Thomas in divers large sums of money, for that…
1Per curiam
The general principle is, that either of the parties to a submission to arbitrators by deed or bond, has a right (at any time before the award is made and published) to revoke, and if any injury is sustained by the opposite party, he must seek his remedy on the bond.
An attempt is made to take this case out of the general rule, by representing that the condition in the bond of submission, that in case Tousey, the defendant; should be absent, or neglect to attend before the arbitrators, so that the award could not be made by a certain day, inevitable accidents excepted, he should relinquish all…
2Cited by3 opinions
- Birmingham News Co. v. HornSupreme Court of Alabama · 2004
- Sartwell v. SowlesSupreme Court of Vermont · 1900
- Mead's Admx. v. OwenSupreme Court of Vermont · 1910