Lapham v. Kelly
Supreme Court of Vermont
Assumpsit upon a promissory note, signed by the defendant, and payable to John V. Lapham, or bearer. The declaration also contained the common money counts. Plea, the general issue, with notice under the statute (Acts of 1856, No. 8,) that the defendant would rely upon and show payment in defence. Trial by jury at the March Term, 1861, Kellogg, J., presiding.
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Assumpsit upon a promissory note, signed by the defendant, and payable to John V. Lapham, or bearer. The declaration also contained the common money counts. Plea, the general issue, with notice under the statute (Acts of 1856, No. 8,) that the defendant would rely upon and show payment in defence. Trial by jury at the March Term, 1861, Kellogg, J., presiding. It appeared that on the date of the note in suit, the defendant executed to John Y. Lapham, two other promissory notes, which, with the note in suit, were transferred by the payee to the plaintiff, soon offer their execution. It was…
1Opinion of the CourtPeck, J.
This was an action oh a promissory note for $1000, dated April 5th, 1853. The only question litigated before the jury was as to the amount of payments made by the defendant on the note. It appears that some payments were endorsed upon the note, about which there was no dispute. But the defendant claimed and testified that he personally paid to the plaiutiff $150, on the 20th November, 1853, at the tavern at Danby Borough, and the further sum of $200, on the 15th December, 1853, at the Union Store in the same village, both to apply on the note in suit. The plaintiff denied these payments, and…
2Cases cited1 opinion
- Russell v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1858
3Cited by23 opinions
- Woodhouse v. Woodhouse Et Ux.Supreme Court of Vermont · 1925
- Curtis v. BradleySupreme Court of Connecticut · 1894
- Barnes v. DowSupreme Court of Vermont · 1887
- Hunter v. TotmanSupreme Judicial Court of Maine · 1951
- State v. WilliamsSupreme Court of Vermont · 1920
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