Sprague v. Ainsworth
Supreme Court of Vermont
This was an action of assumpsit on two promissory notes, and sued by the plaintiff as bearer and endorsee. Pleas, the general issue, statute of limitations, payment and release, and discharge. The pleas were all traversed, except the second, and to that a new promise was pleaded, and issue of fact joined thereon to the jury. The case was tried at the June Term, 1866, Peck, J., presiding.
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This was an action of assumpsit on two promissory notes, and sued by the plaintiff as bearer and endorsee. Pleas, the general issue, statute of limitations, payment and release, and discharge. The pleas were all traversed, except the second, and to that a new promise was pleaded, and issue of fact joined thereon to the jury. The case was tried at the June Term, 1866, Peck, J., presiding. The only question discussed in the opinion arose upon the charge of the court to the jury in regard to the following note; “ Royalton, June 10th, 1866. “ On demand with interest from date for value received…
1Opinion of the Court
*48The opinion of the court was delivered by-
Pierpoint, Ch. J.
The only question presented for our consideration arises upon the charge of the court in regard to the $350, note declared upon. .
It appears from the exceptions that this note was executed by the defendant and made payable to the Bank of Royalton, or bearer, and was discounted' by said bank; that when the note fell due,. Ziba Sprague paid the note to the bank and took it up, and afterwards transferred it to the plaintiff in this suit. At the time the note was executed, and when it was paid, the said Ziba and the defendant were…
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