Royce v. Nye
Supreme Court of Vermont
General Assumpsit, with a count on a negotiable promissory note for $425, alleged to have been executed and delivered by the defendants to N. D. Wait, and by Wait indorsed for value to the plaintiff. The case was referred, and the referee found the following facts: At the hearing the plaintiff in opening offered in evidence a joint and several note signed by the defendants, and indorsed as stated in the opinion of the court, and it was received without objection.
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General Assumpsit, with a count on a negotiable promissory note for $425, alleged to have been executed and delivered by the defendants to N. D. Wait, and by Wait indorsed for value to the plaintiff. The case was referred, and the referee found the following facts: At the hearing the plaintiff in opening offered in evidence a joint and several note signed by the defendants, and indorsed as stated in the opinion of the court, and it was received without objection. It appeared that the note was one of four of equal amount, that the others had been paid by the defendants to the plaintiff, and…
1Opinion of the Court
The opinion of the court was delivered by-
Ross, J.
The plaintiff is not a party to the promissory note which is claimed to be the basis for a recovery in his favor. By the note the defendants jointly and severally promise to pay N. D. Wait, or order, the sum therein named. Wait indorsed the note, “Pay to H. S. Cutler.” Cutler indorsed it, “Pay I. S. Jennison.” Jennison indorsed it, “ Pay to the order of C. P. Allen, and I hereby waive demand and notice.” The referee has found that the plaintiff testified that he owned the note, and had it at the time the suit was brought, but has failed to…
2Cases cited7 opinions
- Taylor v. BinneyMassachusetts Supreme Judicial Court · 1811
- President of the Bank of the United States v. LymanUnited States Circuit Court · 1848
- Moar v. WrightSupreme Court of Vermont · 1826
- Rutland & Burlington R. R. v. ColeSupreme Court of Vermont · 1851
- Bucklin v. WardSupreme Court of Vermont · 1835
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3Cited by2 opinions
- Middleton v. GriffithSupreme Court of New Jersey · 1894
- Vermont Evaporator Co. v. TaftSupreme Court of Vermont · 1935