Brayton v. Rockwell
Supreme Court of Vermont
The two cases by the above title upon the docket of the county court were heard together. This bill of exceptions applies to both. The actions were both instituted March 12, 1866, each to collect a promissory note. To each the defendant pleaded the general issue and the statute of limitations, and the plaintiff to the special plea replied a new promise. Trial by the court, at the August term, 1867, Steele, J., presiding.
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The two cases by the above title upon the docket of the county court were heard together. This bill of exceptions applies to both. The actions were both instituted March 12, 1866, each to collect a promissory note. To each the defendant pleaded the general issue and the statute of limitations, and the plaintiff to the special plea replied a new promise. Trial by the court, at the August term, 1867, Steele, J., presiding. The plaintiff introduced in evidence the following notes, conceded to have been signed by the defendant: One note dated March 19, 1853, in favor of the plaintiff or bearer,…
1Opinion of the Court
The opinion of the court was delivered by
PiERPOiNT, C. J.
The only question presented by the bill of exceptions is, whether what was said by the defendant to the plaintiff at their interviews in May, 1862, and in the spring of 1868, was sufficient to take the plaintiff’s claim out of the statute of limitations. This action is brought upon three promissory notes. The notes were all barred by the statute before the interview in May, 1862. On that occasion, the plaintiff asked the defendant to renew the notes by giving a new note, or by endorsing something on them. The defendant declined to renew…
2Cases cited3 opinions
- Phelps v. StewartSupreme Court of Vermont · 1839
- Moore v. StevensSupreme Court of Vermont · 1860
- Brainard v. BuckSupreme Court of Vermont · 1853
3Cited by2 opinions
- Woodsville Guaranty Savings Bank v. RickerSupreme Court of Vermont · 1912
- Prescott v. Town of VershireSupreme Court of Vermont · 1891