Legal Opinion

Brigham v. Hutchins & Buchanan

Supreme Court of Vermont

Decided March 15, 1855PublishedCited by 2 opinions

Promissory note recoverable under the money counts. Practice. Statute of limitations. Book account in which a balance was reported and recovered in favor of the plaintiff.

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Promissory note recoverable under the money counts. Practice. Statute of limitations. Book account in which a balance was reported and recovered in favor of the plaintiff. Plea in offset, declaring in assumpsit for, money had and received, and for money paid; to which the plaintiff plead, 1st, the general issue; 2d, the statute of limitations, — -to which the defendants replied a new promise; trial by the court, June Term, 1854, — 'Cóllamer, J., presiding, The defendants read, in evidence, a joint and several note, for six hundred and sixty dollars and thirteen cents, signed by the plaintiff…

1Opinion of the Court

The opinion of the court was delivered by

Isham, J.

The declartion in offset is in general assumpsit for money paid and for money had and received, to which the plaintiff has pleaded the general issue and the statute of limitations. Under this issue, the defendants gave, in evidence, a joint and several promissory note, given by the plaintiff and one James Allen, to one Moses Southard or order, and by him endorsed in blank and without recourse. The execution and endorsement of this note, and its delivery to the defendants, do not appear to have been disputed. After that endorsement, the…

2Cited by2 opinions

  1. Manning v. LeightonSupreme Court of Vermont · 1893
  2. Malley v. WeinmanSupreme Court of Vermont · 1876

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