Woodsville Guaranty Savings Bank v. Rogers
Supreme Court of Vermont
Trial — Motions for Directed Verdict — Waiving Bight to Jury. A party does not waive his right to go to the jury by moving for a directed verdict at the close of all the evidence, and by not expressly asking to go to the jury on the motion being denied.
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Trial — Motions for Directed Verdict — Waiving Bight to Jury. A party does not waive his right to go to the jury by moving for a directed verdict at the close of all the evidence, and by not expressly asking to go to the jury on the motion being denied. Plaintiff having made a prima facie case, defendants were not entitled to a directed verdict at the close of all the evidence, as such a direction would require the court to weigh the evidence, There being some evidence to sustain defendants’ defence of discharge from liability on the note in suit by extension to their principal of the time of…
1Opinion of the Court
Miles, Superior Judge.
This is an action of general and special assumpsit counting upon a promissory note payable to the order of the plaintiff and signed by the defendant, Rogers, upon its face and by the defendants, Conant and Flanders, in blank, upon its back.
The defence is put upon three grounds: first, that the defendants, Conant and Flanders, were indorsers and that demand had not been made and notice given, sufficient in law, to bind those defendants; second, that, at most, those defendants were mere sureties and had been discharged by an extension of time for payment to the principal…
2Cases cited4 opinions
- Latremouille v. Bennington & Rutland Ry. Co.Supreme Court of Vermont · 1891
- Bass v. RubleeSupreme Court of Vermont · 1904
- Robinson v. LarabeeSupreme Court of Vermont · 1886
- Davis v. Town of St. AlbansSupreme Court of Vermont · 1870
3Cited by7 opinions
- Wellman, Admr. v. WalesSupreme Court of Vermont · 1925
- McKirryher v. YagerSupreme Court of Vermont · 1941
- Fitzsimons v. Richardson, Twigg & Co.Supreme Court of Vermont · 1912
- Stevens v. Mutual Protection Fire InsuranceSupreme Court of New Hampshire · 1930
- Christensen v. Utah Rapid Transit Co.Utah Supreme Court · 1933
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