Denison v. Tyson
Supreme Court of Vermont
Assumpsit upon a contract in writing in these words; — “ Sutton, ‘ March 4, 1842. For value received I promise to pay Adna C. ‘ Denison, or order, fifty dollars, to be paid in stores, or hollow ‘ ware, as he may choose, delivered at the Tyson Furnace depot ‘ at Newbury, Vermont, at their wholesale prices, on demand. ‘ (Signed) E. K. West, Agent for Tyson Furnace, at Newbury Vt.” Plea, the general issue, and trial by jury.
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Assumpsit upon a contract in writing in these words; — “ Sutton, ‘ March 4, 1842. For value received I promise to pay Adna C. ‘ Denison, or order, fifty dollars, to be paid in stores, or hollow ‘ ware, as he may choose, delivered at the Tyson Furnace depot ‘ at Newbury, Vermont, at their wholesale prices, on demand. ‘ (Signed) E. K. West, Agent for Tyson Furnace, at Newbury Vt.” Plea, the general issue, and trial by jury. On trial the plaintiff gave evidence tending to prove the execution of the eqntract by West, that the Tyson Furnace was owned by the defendant, and that, at the date of the…
1Opinion of the Court
The opinion of the court was delivered by
Redpield, J.
The contract, declared upon in thp present action, must be treated as a promissory note, according to the decisions in this state, both as to the form of declaring upon it, and the necessity of going into proof of the consideration, in the first instance, on the part of the plaintiff. Dewey v. Washburn, 12 Vt. 580. Brooks v. Page, 1 D. Ch. 340.
In regard to the right to bind the defendant by the bare acknowl-edgement of “ value received,” the same authority is required, to execute this note, as a promissory note, in the strict sense of the…
2Cases cited2 opinions
- Emerson v. Providence Hat Manufacturing Co.Massachusetts Supreme Judicial Court · 1815
- Dewey v. WashburnSupreme Court of Vermont · 1840
3Cited by5 opinions
- Derragon v. Village of RutlandSupreme Court of Vermont · 1886
- Perry v. SmithSupreme Court of Vermont · 1850
- State v. DonovanSupreme Court of Vermont · 1903
- Harrison v. MagoonHawaii Supreme Court · 1905
- Heywood v. HeywoodSupreme Judicial Court of Maine · 1856