Walbridge v. Harroon
Supreme Court of Vermont
Assumpsit upon a promissory note, executed by the defendant, and made payable to Joseph A. Wing, or order, and by Wing indorsed to the plaintiff.
Read the full summary
Assumpsit upon a promissory note, executed by the defendant, and made payable to Joseph A. Wing, or order, and by Wing indorsed to the plaintiff. The defendant pleaded his discharge in bankruptcy, under the Act of Congress of August 19, 1841, in bar of.the action; to which the plaintiff replied, that the defendant, subsequent to his being decreed a bankrupt, and previous to his obtaining his certificate of discharge as a bankrupt, and previous to the time when the note was indorsed by Wing to the plaintiff, and while Wing was the owner and holder of the note, promised to pay the note to Wing,…
1Opinion of the Court
The opinion of the court was delivered by
Williams, Ch. J.
This action is brought by the indorsee against the maker of a promissory note. The defendant pleads a certificate of discharge in bankruptcy. The plaintiff has replied a new promise to Wing, the payee, made after the decree in bankruptcy and before the note was indorsed to the plaintiff. To this replication there is a demurrer, and joinder in demurrer. The question is, whether this note is still to be considered as negotiable, and, as such, capable of being transferred to the plaintiff, together with the benefit of the promise made to…
2Cases cited3 opinions
- Baker v. WheatonMassachusetts Supreme Judicial Court · 1809
- Depuy v. SwartNew York Supreme Court · 1829
- Moore v. VieleNew York Supreme Court · 1830
3Cited by3 opinions
- Way v. SperryMassachusetts Supreme Judicial Court · 1850
- Root v. EspyIndiana Supreme Court · 1884
- Institution for Savings in the Town of Cambridge v. LittlefieldMassachusetts Supreme Judicial Court · 1850