Malley v. Weinman
Supreme Court of Vermont
GenbRal Assumpsit. Plea, the general issue, and trial by jury, April Term, 1875, Pierpoint, Ch. J., presiding. The plaintiff, one of the firm of Malley & Gastello, offered in evidence a promissory note for $50, dated May 15, 1874, payable to the order of Malley & Gastello in four weeks from date, signed by the defendant, and indorsed in blank by the payees.
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GenbRal Assumpsit. Plea, the general issue, and trial by jury, April Term, 1875, Pierpoint, Ch. J., presiding. The plaintiff, one of the firm of Malley & Gastello, offered in evidence a promissory note for $50, dated May 15, 1874, payable to the order of Malley & Gastello in four weeks from date, signed by the defendant, and indorsed in blank by the payees. Defendant objected that plaintiff could not recover upon the note under the general counts ; but the court admitted the note in evidence, and, the plaintiff offering no other evidence, directed the jury to render a verdict for the…
1Opinion of the Court
The opinion of the court was delivered by
Royce, J.
The declaration in this case contained the general counts in assumpsit; and the plaintiff sought to recover the amount due upon a note executed by the defendant, and made payable to the order of the firm of Malley & Oastello. The note was indorsed in blank, and was admitted as evidence. The plaintiff did not introduce any other evidence; and the only question reserved is, whether the plaintiff upon that evidence was entitled to recover. The same question-was presented in Chase & Green v. Burnham & Dana, 13 Vt. 447; and in Brigham v. Hutchins &…
2Cases cited2 opinions
- Chase v. BurnhamSupreme Court of Vermont · 1841
- Brigham v. Hutchins & BuchananSupreme Court of Vermont · 1855