Barrows v. Lane
Supreme Court of Vermont
This wás ah action of ¿assumpsit upon a promissory note for tbe sura of twenty-four dolíais, dated December 14th ÍS29, payable to the plaintiff, in good neát cattle, by the first day of October, A. D. 1830, or in grain in the month iff January thereafter, and signed by the defendant Lane, and endorsed in blank by the defendant Benham.
Read the full summary
This wás ah action of ¿assumpsit upon a promissory note for tbe sura of twenty-four dolíais, dated December 14th ÍS29, payable to the plaintiff, in good neát cattle, by the first day of October, A. D. 1830, or in grain in the month iff January thereafter, and signed by the defendant Lane, and endorsed in blank by the defendant Benham. Plea, General Issue. — On the trial of this issue the defendant Benham offered evidence showing, that at the time of the indorsement by him he refused to sign the note with Lane, or be liable with him as a joint promissor; but that he indorsed the note under the…
1Opinion of the Court
The opinion of the Court was pronounced by
Phelps, J,
At the .trial in the .Court below, my first impression was in favor of the defendant, and I should have admitted the evidence, had not the case of Hunt vs. Adams been presented. But conceiving at the moment that that .case governed the present, and having no leisure to examine it, the evidence was rejected. If the effect of an inr dorsement .of this kind were to make the indorser a joint promissor ,X could see no distinction between one promissor and the other ; and no reason why one could explain his contract by parole if the other could…
2Cases cited4 opinions
- Moies v. BirdMassachusetts Supreme Judicial Court · 1814
- Greenwood v. CurtisMassachusetts Supreme Judicial Court · 1810
- Josselyn v. AmesMassachusetts Supreme Judicial Court · 1807
- Carver v. WarrenMassachusetts Supreme Judicial Court · 1809
3Cited by7 opinions
- Farmers Production Credit Ass'n v. ArenaSupreme Court of Vermont · 1984
- Flint v. DaySupreme Court of Vermont · 1837
- Duchaine v. PhoenixSupreme Court of Vermont · 1927
- Strong v. RikerSupreme Court of Vermont · 1844
- Swigart v. WeareAppellate Court of Illinois · 1890
2 more not listed; retrieve them via the Exa API.