Smith v. Burton
Supreme Court of Vermont
This was an action of assumpsit cm promissory note,for $499,16, dated August 24, 1829, and payable to bearer in six months from date. Plea, general issue.
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This was an action of assumpsit cm promissory note,for $499,16, dated August 24, 1829, and payable to bearer in six months from date. Plea, general issue. At the trial in the county court, Royce, J. presiding, it appeared in evidence, That in May, 1829, one Jedediah Freeman was the owner of a quantity of goods which had been attached on a debt amounting, as was supposed, to about $800 ; that, between the time of said attachment and the date of the note in question, the defendant, Benjamin D. Utter of Whitehall, and Isaac Bishop of Granville, had severally become creditors of said Freeman, or…
1Opinion of the Court
Hutchinson, C. J.,
after stating the case,pronounced the opinion of the Court. — The only question presented by the case before ns is, whether an action at law is the proper remedy, or whether the party having an interest must resort to the equity side of this Court. If the object of this suit was to recover any balance due among the partners, or the recovery depended upon there being a balance due from one partner to another, or to two of the three, from one of them, this action could not be supported. As applicable to such a case, the defendant’s authorities are conclusive.
It seems that…
2Cited by2 opinions
- Blodgett v. MorrillSupreme Court of Vermont · 1848
- Boardman v. RogerSupreme Court of Vermont · 1845