Dawley v. Wheeler
Supreme Court of Vermont
General Assumpsit, with a count on a promissory note for $2,000 payable five months from dale to the West River National Bank, or bearer, dated June 1, 1872, and alleged to have been executed and delivered by the defendant and Charles D. Reed, on the day of its date, and to have been afterwards indorsed and delivered to the plaintiff.
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General Assumpsit, with a count on a promissory note for $2,000 payable five months from dale to the West River National Bank, or bearer, dated June 1, 1872, and alleged to have been executed and delivered by the defendant and Charles D. Reed, on the day of its date, and to have been afterwards indorsed and delivered to the plaintiff. The writ was dated and signed October 30, 1878. The first plea was the general issue ; the second, non accrevit infra sex annos ; the third, after setting out the note upon oyer, as stated in the opinion of the court, alleged that the note was made more than six…
1Opinion of the Court
*576The opinion of the court was delivered by
Ross, J.
This suit was commenced, so far as necessary to stop the running of the Statute of Limitations, October BO, 1878. The note to which the defendant’s third and fourth pleas apply, bears date June 1, 1872, and as set forth on oyer in the third plea, reads “ Five months from date, for value received, we each as principal jointly and severally promise to pay the West River Bank, or bearer, two thousand dollars, with interest after. We consent that the bank may collect this note any time, by discounting a proportional amount of interest that shall…
2Cited by5 opinions
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- Johnson v. BeattieSupreme Court of Vermont · 1915
- Continental Illinois Nat. Bank & Trust Co. v. BestDistrict Court, S.D. New York · 1937