Farnham v. Ingham
Supreme Court of Vermont
This was an action originally commenced in the County Court, on note, dated May 17th, 1825, for $120, payable by the 1st of .September, then next — half in neat stock, and half in cash, with interest. Plea, General Issue, closed to the jury. The signature of the note was admitted by the defendants.
Read the full summary
This was an action originally commenced in the County Court, on note, dated May 17th, 1825, for $120, payable by the 1st of .September, then next — half in neat stock, and half in cash, with interest. Plea, General Issue, closed to the jury. The signature of the note was admitted by the defendants. The defendants offered parol evidence to prove that the note in question was executed for the balance found due on a judgement rendered in New-Hampshire, on which a suit was then pending in Essex County Court, in favor of one Silas Curtis, against said Oliver Ingham, and which had then been…
1Opinion of the Court
The opinion of the Court was pronounced by
Williams, J.
There appears to be two grounds of defence set up by the defendants, which are inconsistent with each other. They contend that the plaintiff agreed at the time the note was executed that if he failed to discontinue a certain suit, the note should be void, and also if he failed to discontinue the suit he would allow on said note all actual cost, trouble and expense which the defendant Ingham should be subject to in defending said suit.
Evidence to prove these agreements were offered and objected to, and admitted by the Court. The jury were…
2Cited by5 opinions
- Silva v. GordoCalifornia Court of Appeal · 1924
- Martin v. Martin & CarpenterSupreme Court of Vermont · 1925
- Simone v. KirschnerSupreme Court of Connecticut · 1924
- Kinnear & Gager Manufacturing Co. v. MinerSupreme Court of Vermont · 1914
- Treadwell v. HimmelmannCalifornia Supreme Court · 1875