Peck v. Mayo, Follett & Co.
Supreme Court of Vermont
Assumpsit, against the defendants as indorsers of two promissory notes, one dated January 9, 1834, the other dated April 14, 1834, given by Horatio Gates & Co. of Montreal, L. C. to the defendants, each payable four months after date at the Mechanics & Farmers Bank, in Albany, N. Y. Plea, non-assumpsit. Issue to the court.
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Assumpsit, against the defendants as indorsers of two promissory notes, one dated January 9, 1834, the other dated April 14, 1834, given by Horatio Gates & Co. of Montreal, L. C. to the defendants, each payable four months after date at the Mechanics & Farmers Bank, in Albany, N. Y. Plea, non-assumpsit. Issue to the court. In addition to the indorsement by the defendants, in blank, there was a special indorsement on each note, of the following tenor : £ We hereby request that this note be not protested, and £agree to hold ourselves liable for its payment. May 9, 1834. £ For the late firm of…
1Opinion of the Court
The opinion of the court was delivered by
Redfieud, J.
This action is upon a promissory note,, made in Montreal, where the legal rate of interest is six-per cent., payable at the M. & F.’s Bank, in the city of Albany, where the legal rate of interest is seven per cent., and indorsed by the defendants in this state, where the legal rate of interest is six per cent. This action being against the defendants, as indorsers, the only question is, what rate of interest are they liable for ? The note was payable at a day certain, but no interest stipulated in the contract. The interest claimed is for…
2Cases cited3 opinions
- Andrews v. PondSupreme Court of the United States · 1839
- Bank of the United States v. DANIELSupreme Court of the United States · 1838
- Fanning v. ConsequaCourt for the Trial of Impeachments and Correction of Errors · 1820
3Cited by24 opinions
- Cromwell v. County of SacSupreme Court of the United States · 1878
- Dickinson v. . EdwardsNew York Court of Appeals · 1879
- Pioneer Credit Corporation v. CardenSupreme Court of Vermont · 1968
- Pomeroy v. AinsworthNew York Supreme Court · 1856
- Pancoast v. Travelers InsuranceIndiana Supreme Court · 1881
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