Draper v. Hitt
Supreme Court of Vermont
General assumpsit. The case was referred and the referee reported as follows: On the 5th day of February, 1863, the plaintiff held the promissory note of tho defendant, which was dated May 4th, 1857, and given for the sum of sixty dollars and interest, and which was given on a good consideration and delivered the plaintiff on tho day of its date.
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General assumpsit. The case was referred and the referee reported as follows: On the 5th day of February, 1863, the plaintiff held the promissory note of tho defendant, which was dated May 4th, 1857, and given for the sum of sixty dollars and interest, and which was given on a good consideration and delivered the plaintiff on tho day of its date. On the said 5th day of February, the plaintiff applied to the defendant to pay said note, but the defendant being-unable to pay it, proposed to the plaintiff to give him a new note for forty dollars, payable in two years with interest, and in…
1Opinion of the Court
The opinion of the court was delivered by
Wilson, J.,
The referee finds that the defendant on the 5th day of February, 1868, by agreement of the parties, executed his note of $40, and delivered it to the plaintiff; that the plaintiff then received said note in satisfaction of a note he then held *441against the defendant of $60, dated May 4, 1857, and that the plaintiff, at the time he so received the note of $40, surrendered to the defendant the original note. The facts- of this case bring it within the principle decided in the case of Ellsworth v. Fogg & Harvey, 35 Vt., 355. In that case the…
2Cases cited1 opinion
- Ellsworth v. FoggSupreme Court of Vermont · 1862
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- Frye v. HubbellSupreme Court of New Hampshire · 1907
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- Paddleford v. ThacherSupreme Court of Vermont · 1876
- Childs v. Millville Mutual M. & F. Ins.Supreme Court of Vermont · 1884
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