Wainwright v. Webster
Supreme Court of Vermont
Assumpsit, on a promissory note, with a count for money had and received. Plea, non assumpsit. Issue to the country. Upon the trial in the county court, the plaintiff produced and proved the execution of the note, and there rested. The defendant introduced testimony tending to show, that the plaintiff left the note in suit for collection with an attorney, who made a writ upon it, and gave it toan officer to serve.
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Assumpsit, on a promissory note, with a count for money had and received. Plea, non assumpsit. Issue to the country. Upon the trial in the county court, the plaintiff produced and proved the execution of the note, and there rested. The defendant introduced testimony tending to show, that the plaintiff left the note in suit for collection with an attorney, who made a writ upon it, and gave it toan officer to serve. The officer went to the defendant’s house to serve the writ, on the 28th of March, 1838, The defendant being absent, his father paid the officer the amount due on the note, and the…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
It is a principle of law, too well established to need authority, that where a bill of exchange, or note of a third person, is received in payment of a precedent debt, the risk of the insolvency of the maker is upon the party from whom the bill or note is received, unless there is an express agreement between the parties, tho^ the risk of the^ paper, in this respect, is to be the receiver’s, or one is to be implied, from the facts and circumstances of the case ; and the great question is, whether this principle is applicable to paper issued…
2Cases cited1 opinion
- Young v. AdamsMassachusetts Supreme Judicial Court · 1810
3Cited by4 opinions
- Dille v. WhiteSupreme Court of Iowa · 1906
- Cadens v. TeasdaleSupreme Court of Vermont · 1881
- Catlin v. MunnNew York Supreme Court · 1885
- Westfall, Stewart & Co. v. BraleyOhio Supreme Court · 1859