Lawrence v. Graves' Estate
Supreme Court of Vermont
Appeal from the Probate Court for the district of Manchester. The plaintiff’s declaration consisted of the common counts in assumpsit and a special count upon a promissory note' for $700, dated March 5, 1873, signed by the deceased, E. A. Graves.' Pleas, general issue and Statute of Limitations-. Trial by jury, June Term, 1887. Ross, J., presiding. Verdict for the plaintiff.
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Appeal from the Probate Court for the district of Manchester. The plaintiff’s declaration consisted of the common counts in assumpsit and a special count upon a promissory note' for $700, dated March 5, 1873, signed by the deceased, E. A. Graves.' Pleas, general issue and Statute of Limitations-. Trial by jury, June Term, 1887. Ross, J., presiding. Verdict for the plaintiff. As circumstances tending to show a payment at the time of said indorsement, evidence was admitted that Mr. Graves prior to the date of the indorsement spoke of being indebted to the Lawrences; that, at one time, he said…
1Opinion of the Court
The opinion of the court was delivered by
Royce, Ch. J.
This was an action of assumpsit, in which the appellant claimed to recover the amount due upon a promissory note dated March 5, 1873, signed by the said E. A. Graves and made payable to Russell Lawrence, the father of the plaintiff, or bearer, in one day after date, with interest annually. In the settlement of her father’s estate the plaintiff became the owner of the note. The defence relied upon was the Statute of Limitations.
There were three indorsements on the note, one dated March 11, 1874, one May 22, 1878, and one of $5, dated August…
2Cases cited5 opinions
- Frary v. GushaSupreme Court of Vermont · 1886
- Barber's Adm'r v. BennettSupreme Court of Vermont · 1886
- Town of Randolph v. Town of WoodstockSupreme Court of Vermont · 1862
- Houston v. RussellSupreme Court of Vermont · 1879
- Bailey v. DanforthSupreme Court of Vermont · 1881
3Cited by6 opinions
- Sheldon v. WrightSupreme Court of Vermont · 1907
- Lynds v. Town of PlymouthSupreme Court of Vermont · 1901
- State v. MarshSupreme Court of Vermont · 1898
- State v. WillettSupreme Court of Vermont · 1905
- Fletcher v. BrainerdSupreme Court of Vermont · 1903
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