Smith v. Day
Supreme Court of Vermont
Assumpsit against the defendant as indorser of a promissory note for 200,00, dated April 22,1842, executed by Harvey Bancroft, payable to the defendant', or order, and by the defendant indorsed to Elisha Cummings, or bearer. The suit was commenced in the county of Washington. Plea, the general issue, and trial by the court, May Term, 1851, — Rediteld, J., presiding.
Read the full summary
Assumpsit against the defendant as indorser of a promissory note for 200,00, dated April 22,1842, executed by Harvey Bancroft, payable to the defendant', or order, and by the defendant indorsed to Elisha Cummings, or bearer. The suit was commenced in the county of Washington. Plea, the general issue, and trial by the court, May Term, 1851, — Rediteld, J., presiding. All the testimony given upon the trial was detailed in the bill of exceptions, and was substantially as follows. The defendant, April 22, 1842, sold to Bancroft a piece of land in Plainfield for $700,00, and Bancroft then executed…
1Opinion of the Court
The opinion of the court was delivered by
Kellogg, J.
The county court having rendered judgment for the defendant upon the facts stated in the bill of exceptions, the question presented for consideration is, whether the facts reported are sufficient to sustain the judgment. And in considering the question the same rule is to be observed, which is uniformly applied by this court to judgments upon the reports of auditors. If the facts found, together with such inferences as may properly be made and legitimately drawn from them, are sufficient in law to uphold the judgment, it will not be…
2Cases cited1 opinion
- Keyes v. Wood, Grant & Co.Supreme Court of Vermont · 1849
3Cited by4 opinions
- Clifford v. West Hartford Creamery Co.Supreme Court of Vermont · 1931
- Patch & Co. v. First National BankSupreme Court of Vermont · 1916
- Nott v. JohnsonOhio Supreme Court · 1857
- Watriss v. PierceSupreme Court of New Hampshire · 1856