Sylvester v. Downer
Supreme Court of Vermont
Assumpsit. The plaintiff declared against the defendant as maker of a promissory note payable to Austin & Fay, or order, and by them indorsed to the plaintiff's intestate. The declaration also contained a count for money had and received. Plea, the general issue, and trial by jury, March Terra, 1846, — Redfield, J., presiding.
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Assumpsit. The plaintiff declared against the defendant as maker of a promissory note payable to Austin & Fay, or order, and by them indorsed to the plaintiff's intestate. The declaration also contained a count for money had and received. Plea, the general issue, and trial by jury, March Terra, 1846, — Redfield, J., presiding. On trial the plaintiff offered in evidence a promissory note, for $75,00, signed by one David E. Strong, dated March, 27,1837, and made payable to Austin & Fay, or order, in the month of February then next, with.the following indorsements, — "For value received pay the…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
This is an action, in common form, against the defendant as a sole maker of a promissory note. The note, on being produced, showed his name indorsed upon it, and also that of the payees of the note. This, according to the decisions of this *359court, repeatedly made, imposed upon the defendant the obligation óf the maker of the note, with this difference only, that, his undertaking being in blank, as between the parties to it it was susceptible of being controlled by oral evidence of the real obligation intended to be assumed at the time of…
2Cases cited3 opinions
- Flint v. DaySupreme Court of Vermont · 1837
- Strong v. RikerSupreme Court of Vermont · 1844
- Sanford v. NortonSupreme Court of Vermont · 1845
3Cited by22 opinions
- Good v. MartinSupreme Court of the United States · 1877
- Sykes v. EverettSupreme Court of North Carolina · 1914
- Rothschild v. GrixMichigan Supreme Court · 1875
- Ives v. BosleyCourt of Appeals of Maryland · 1872
- Sykes v. . EverettSupreme Court of North Carolina · 1914
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