Goodrich v. Tracy
Supreme Court of Vermont
Assumpsit on a promissory note for $400, made jointly and' severally by Asa Sanderson and the defendant, dated January 4, 1868,. payable one year from date. Plea, the general issue, with notice of special matter of defense. Trial by jury, and verdict for the plaintiff, April term, 1870, Pierpoint, ,O. J., presiding.
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Assumpsit on a promissory note for $400, made jointly and' severally by Asa Sanderson and the defendant, dated January 4, 1868,. payable one year from date. Plea, the general issue, with notice of special matter of defense. Trial by jury, and verdict for the plaintiff, April term, 1870, Pierpoint, ,O. J., presiding. It appeared, without dispute, that in November, 1867, Sander-son, who then and for many years previously had resided in Essex, wrote a letter to the plaintiff’s wife, expressing a desire to borrow $400, and requesting Mrs. Goodrich to ascertain if her husband could make the loan.…
1Opinion of the Court
The opinion of the court was delivered by
Royce, J.
This was an action of assumpsit on a promissory note which the defendant signed as surety for one Sanderson. It was not claimed in the court below that the note in suit had ever been paid or discharged under the circumstances detailed in the exceptions, unless the receipt of the note, dated January 1st, 1869, operated as a payment or discharge. It was admitted that this last note as far as Bliss was concerned (and he was regarded by the plaintiff as the responsible party) was a forgery. The plaintiff received this note in good faith, and did…
2Cases cited6 opinions
- Markle v. HatfieldNew York Supreme Court · 1807
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- White v. LangdonSupreme Court of Vermont · 1858
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- Torrey v. BaxterSupreme Court of Vermont · 1841
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