Hart v. Orange Green
Supreme Court of Vermont
This was an action on note, dated Jan. 4, 1834, at Danby, and made payable to the order of the plaintiffs in nine 'months from date, at the Bank of Manchester. The declaration is in common form describing the note as payable at the Bank of Manchester, without averring, that it-was presented for payment at the time and place. To this, declaration there was a demurrer, and the court overruled the demurrer and gave judgment for the plaintiff.
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This was an action on note, dated Jan. 4, 1834, at Danby, and made payable to the order of the plaintiffs in nine 'months from date, at the Bank of Manchester. The declaration is in common form describing the note as payable at the Bank of Manchester, without averring, that it-was presented for payment at the time and place. To this, declaration there was a demurrer, and the court overruled the demurrer and gave judgment for the plaintiff. To this decision exception was taken by defendant, and the only question raised was, whether in a declaration on note, payable at a particular place, it is…
1Opinion of the Court
The opinion of the court was delivered by
Phelps, J.-
The only question raised in this case, is, whether it was necessary to aver a presentment of the note in question, at *193the Bank of Manchester where it was made payable, and a demand of payment there. This could be necessary, only upon the the assumption that a presentment there was necessary, as a condition precedent to the plaintiff’s right of recovery.
Upon this question as to the necessity of such presentment, which has been much litigated there has been, great diversity of opinion, the King’s Bench in England holding one way, and the…
2Cited by3 opinions
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- Fletcher v. BlodgettSupreme Court of Vermont · 1844
- Games v. ManningSupreme Court of Iowa · 1849