Reed v. Field
Supreme Court of Vermont
Assumpsit, on a promissory note, dated February 18, 1839, given by the defendants to J. P. Miller or order, and by him indorsed to the plaintiff. Plea, non assumpsit. Issue to the country.
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Assumpsit, on a promissory note, dated February 18, 1839, given by the defendants to J. P. Miller or order, and by him indorsed to the plaintiff. Plea, non assumpsit. Issue to the country. On the trial in the county court, the execution of the note, and the indorsement thereof to the plaintiff having been admitted, the defendants read in evidence a paper, admitted to have been executed at the time of the execution of the note, of the following tenor:— “ Whereas, Lyman Field and William P. Briggs have this ‘ day signed a promissory note to me for twelve hundred and ‘ twenty-seven dollars and…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
Though the bill of exceptions in this case does not show to what decisions of the county court the defendants excepted, yet this, no doubt, was an inadvertence, and might be amended. We will, however, consider the questions raised on argument.
The written contract of the payee of this note, made at *676the same time with the note, and parcel of the same transaction, will qualify and control the rights of the parties on the note. Both instruments must be taken as parts of one transaction. By the written contract the defendants were not to pay this…
2Cited by9 opinions
- Leach v. BeattieSupreme Court of Vermont · 1860
- Langdon v. TempletonSupreme Court of Vermont · 1893
- Wing v. CooperSupreme Court of Vermont · 1864
- Townsend v. Estate of DownerSupreme Court of Vermont · 1859
- Whitman v. ShawMassachusetts Supreme Judicial Court · 1896
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