Ormsbee v. Kidder
Supreme Court of Vermont
Assumpsit on a promissory note of the.tenor following: BRAndon, May 8, 1869. Six months from date, for value received, we promise to pay G. M. Kidder, or order, five hundred dollars, with ten per cent, interest, — the money to apply on rakes. Andrew J. Ketchum. Curtis 0. Luoe. G; M. Kidder. Indorsed: Pay to E. J. Ormsbee, or order. G. M. Kidder. Plea, the general issue. Trial by jury, March Term, 1874, Wheeler, J. presiding. Defendant Kidder made no defence.
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Assumpsit on a promissory note of the.tenor following: BRAndon, May 8, 1869. Six months from date, for value received, we promise to pay G. M. Kidder, or order, five hundred dollars, with ten per cent, interest, — the money to apply on rakes. Andrew J. Ketchum. Curtis 0. Luoe. G; M. Kidder. Indorsed: Pay to E. J. Ormsbee, or order. G. M. Kidder. Plea, the general issue. Trial by jury, March Term, 1874, Wheeler, J. presiding. Defendant Kidder made no defence. It appeared that the defendant Geo. M. Kidder was the payee as well as one of the signers of said note. Defendants’ evidence tended to…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
To sustain the action of the County Court directing a verdict for the defendants, the conceded facts, taken in connection with the facts that plaintiff’s testimony tended to prove, must fail to establish a right of recovery in the plaintiff. It is conceded that Geo. M. Kidder was both signer and payee of the note. As the evidence on both sides tended to prove it, it may be taken as established, that the plaintiff holds the note for collection, and has no other interest in it, nor in the suit, than a nominal plain*363tiff. The judgment in his favor,…
2Cases cited2 opinions
- Sprague v. AinsworthSupreme Court of Vermont · 1867
- Norton v. DownerSupreme Court of Vermont · 1843
3Cited by2 opinions
- Walker v. WaitSupreme Court of Vermont · 1878
- Manatee Loan & Mortgage Co. v. Manley's EstateSupreme Court of Vermont · 1934