Ripley v. Greenleaf
Supreme Court of Vermont
The plaintiff declared upon a note of $425, signed by one Fla-vel Greenleaf, and made payable to ■ the said Jeremiah Green-leaf, or bearer, and by him, at its date, endorsed to the plaintiff. Said note bore date, August 25th, 1818, and was made payable in four years from date, with annual interest. The declaration alleged demand of payment on the 28th of August, 1822, and said Flavel’s refusal to pay; and immediate notice of nonpayment to the defendant.
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The plaintiff declared upon a note of $425, signed by one Fla-vel Greenleaf, and made payable to ■ the said Jeremiah Green-leaf, or bearer, and by him, at its date, endorsed to the plaintiff. Said note bore date, August 25th, 1818, and was made payable in four years from date, with annual interest. The declaration alleged demand of payment on the 28th of August, 1822, and said Flavel’s refusal to pay; and immediate notice of nonpayment to the defendant. The action was tried in the county court on the general issue, and several exceptions were taken to the decisions of the court and their…
1Opinion of the Court
The opinion of the court was delivered by
Hutchinson, J.
Every thing connected with the question of notice to the defendant, of tjie nonpayment of the note by the maker, being now out of the case by an express abandonment of that part of the controversy, two questions only remain for our decision. 1st. Whether the demand of payment was so made by the plaintiff as to charge the endorser ? and, 2dly. Whether the court gave the proper instructions to the jury upon the litigated point of a composition between the plaintiff and the maker of the note?
Upon the first question, the note bearing date…
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