Bromley v. Hawley
Supreme Court of Vermont
Assumpsit on a promissory note given for $4,000 by the Dorset Marble Company, dated July 21, 1883,. payable in five months after date at the National Bank of Eutland, Vermont, to the order of J. B. Hollister, treasurer of said company, and indorsed by J. B. Hollister, treasurer, E. J. Hawley, the defendant, and J. B. Page, and numbered 445 by said company. Plea, general issue and notice. Trial by court, September Term, 1886, Eutland County, Veazey, J., presiding.
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Assumpsit on a promissory note given for $4,000 by the Dorset Marble Company, dated July 21, 1883,. payable in five months after date at the National Bank of Eutland, Vermont, to the order of J. B. Hollister, treasurer of said company, and indorsed by J. B. Hollister, treasurer, E. J. Hawley, the defendant, and J. B. Page, and numbered 445 by said company. Plea, general issue and notice. Trial by court, September Term, 1886, Eutland County, Veazey, J., presiding. Judgment for the plaintiff. Affirmed. The following facts were found : One Borden of Philadelphia was the owner of the note, and…
1Opinion of the Court
The opinion of the court was delivered by
Taft, J.
I. It is claimed by the defendant that Borden paid no consideration for the note in suit, for that the former note, No. 328, upon and for the surrender of which the note in suit was taken, was of no value in his hands. Whatever rights he may have had against the bank, or any of the parties to the note, save Mr. Page, it is certain that the note was a valid claim against the latter, in the hands of Borden. He had taken it from Page under Page’s endorsement, and advanced him the amount of it in money, and however great the fraud, if any there…
2Cases cited2 opinions
- Churchill v. BradleySupreme Court of Vermont · 1886
- Harrington v. WrightSupreme Court of Vermont · 1876
3Cited by3 opinions
- Limerick National Bank v. AdamsSupreme Court of Vermont · 1897
- Smythe v. Central Vermont Railway Co.Supreme Court of Vermont · 1914
- Capital Savings Bank & Trust Co. v. Montpelier Savings Bank & Trust Co.Supreme Court of Vermont · 1905