Fire Ass'n v. Merchants' National Bank
Supreme Court of Vermont
Assumpsit. Trial by jury, June Term, 1881, Caledonia County, Boss, J., presiding. Verdict for the plaintiff. Plea, general issue.
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Assumpsit. Trial by jury, June Term, 1881, Caledonia County, Boss, J., presiding. Verdict for the plaintiff. Plea, general issue. The plaintiff claimed to recover of the defendant the sum of $541.10, paid by the plaintiff upon a draft drawn by Bowman & Hopkins upon the plaintiff in favor of Charles H. Green, which draft the defendant had discounted, and sent forward for collection of the plaintiff, bearing upon it what purported to be the indorsement of Green, the payee, but which indorsement the plaintiff claimed was not the signature of Green, nor authorized by him, but forged. •The…
1Opinion of the Court
The opinion of the court was delivered by
Taft, J.
I. The plaintiff claimed that Hopkins, on the first day of August, 1876, forged the name of Charles H. Green as an endorsement on a draft drawn on the plaintiff that day by Hopkins, had the draft discounted by the defendant, and misappropriated the proceeds. Hopkins, as a witness for the defendant, was inquired of on his examination in chief as to his assets and liabilities, and as to those of the firm of Bowman & Hopkins on that day and a few days following. One Joslyn was called by the plaintiff as a witness, and his testimony tended to show…
2Cases cited2 opinions
- Bradish v. BlissSupreme Court of Vermont · 1862
- Bates v. CilleySupreme Court of Vermont · 1874
3Cited by7 opinions
- Freeman v. BlountSupreme Court of Alabama · 1911
- In re Cowdry's WillSupreme Court of Vermont · 1905
- Stevenson v. Hugh Gunning's EstateSupreme Court of Vermont · 1892
- Childs v. MerrillSupreme Court of Vermont · 1894
- State v. MarstonSupreme Court of Vermont · 1909
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