Williams v. Baldwin
Supreme Court of Vermont
This was assumpsit on a promissory note, executed to the plaintiff by the defendant and one Russell, as joint and several promis-sors. It was conceded on trial, that the sole consideration.of the note was money lent by the plaintiff to the defendant. The de-fence was, payment by the defendant to Russell, acting as agent of the plaintiff.
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This was assumpsit on a promissory note, executed to the plaintiff by the defendant and one Russell, as joint and several promis-sors. It was conceded on trial, that the sole consideration.of the note was money lent by the plaintiff to the defendant. The de-fence was, payment by the defendant to Russell, acting as agent of the plaintiff. In support of this defence the defendant read in evidence a receipt, signed by Russell as the plaintiff’s agent, for the amount due on the note, and dated April 5,1830. It appeared that previous to the trial Russell had deceased, that his estate was…
1Opinion of the Court
The opinion of the court was delivered by
Royce, J.
It is contended that proof of the contents of the plaintiff’s letter to Russell ought not to have been admitted, without a previous search for the letter amongst the papers of the defendant. But it being described asa family letter...arj.d ..barki;1' *506been seen in Russell s possession long after the payment to him by ,,,,, , . . . r , , the defendant, there is no ground to suppose it ever left in the defendant’s hands.
And we think it contained a sufficient authority to Russell to receive payment of the note as agent of the plaintiff. It was not…
2Cases cited1 opinion
- Charles F. Warner & Co. v. McGarySupreme Court of Vermont · 1832
3Cited by13 opinions
- Mahlstedt v. Ideal Lighting Co.Illinois Supreme Court · 1915
- Wilson v. German-American InsuranceSupreme Court of Kansas · 1913
- Mercer v. PattersonIndiana Supreme Court · 1872
- White v. PerryWest Virginia Supreme Court · 1878
- Willey v. HunterSupreme Court of Vermont · 1884
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