Goss v. Whitney
Supreme Court of Vermont
This was an action of Assumpsit on a promissory note given to Franklin B. Goss, or bearer, and the plaintiff declared upon the note, as bearer.
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This was an action of Assumpsit on a promissory note given to Franklin B. Goss, or bearer, and the plaintiff declared upon the note, as bearer. It appeared on the trial, that one Benjamin N. Whitney was indebted to the said Franklin B. Goss, for some sheep, and that on the day before that, on which the note is dated, the said Goss and Whitney were together, and had some negotiation about said Whitney’s indebtedness to Goss, but nothing was concluded; that on the day of the date of the note, which was upon the Sabbath day, the said Goss was at the house of Sylvester Segar, and Whitney came…
1Opinion of the Court
The opinion of the court was delivered by
Redeield, J.
It is settled by the case, Lovejoy v. Whipple, 18 Vt. R. 379, that a promissory note written and signed on Sunday, will not on that account be void, if not delivered until some other day. It is therefore not necessary farther to discuss that question.
The only inquiry into the present case then, is whether this note was delivered upon Sunday. We cannot regard Benjamin N. Whitney as the agent of Franklin B. Goss, in procuring the defendant to sign the note, or in receiving it and carrying it to'Towle. In all this he must be regarded as a…
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