Legal Opinion

Lyon v. Witters

Supreme Court of Vermont

Decided July 1, 1893PublishedCited by 3 opinions

Assumpsit. Pleas, the general issue and payment. Trial by jury at the April term, 1892, Munson, J., presiding. Verdict and judgment for the defendants. The plaintiff excepts. The plaintiff sought to recover the balance due upon a promissory note for $100, which he introduced, and rested.

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Assumpsit. Pleas, the general issue and payment. Trial by jury at the April term, 1892, Munson, J., presiding. Verdict and judgment for the defendants. The plaintiff excepts. The plaintiff sought to recover the balance due upon a promissory note for $100, which he introduced, and rested. The defendants were then permitted to show that this note was one of three similar notes given by them to the plaintiff in payment for a piano ; that the note in suit was the last of the three to fall due, and that they had paid and taken up' the two other notes ; that the first payment made by them was one…

1Opinion of the CourtTaft, J.

The defendants, in July, 1876, bought a piano-of the plaintiff at an agreed price of three hundred and fifty dollars. They paid fifty dollárs in cash, and executed three notes for one hundred dollars each for the remainder of the price. On the first day of September, 1876, they paid fifty dollars upon the first note, which the plaintiff failed to endorse. It was a payment upon the note, and although not endorsed, the law applied it in extinguishment of it fro' tanto. Subsequently the defendants paid the plaintiff, in addition to the fifty dollars, and without regard to it, enough to pay the…

2Cases cited1 opinion

  1. Goodell v. Brandon National BankSupreme Court of Vermont · 1891

3Cited by3 opinions

  1. Rowell v. Estate of LewisSupreme Court of Vermont · 1900
  2. McDonald v. PlaceSupreme Court of Vermont · 1914
  3. P. Ballantine & Sons v. FennSupreme Court of Vermont · 1914

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