Farmers' Mutual Fire Insurance v. Wells
Supreme Court of Vermont
This was an action on a promissory note dated the 17th day of January, 1868, for the sum of $950, and payable to Samuel Wells, or bearer, on demand, with interest annually. Plea, the general issue and notice under the statute of partial payments. Trial September Term, 1879 ; Redíteld, J., presiding.
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This was an action on a promissory note dated the 17th day of January, 1868, for the sum of $950, and payable to Samuel Wells, or bearer, on demand, with interest annually. Plea, the general issue and notice under the statute of partial payments. Trial September Term, 1879 ; Redíteld, J., presiding. It was conceded that Samuel Wells had deceased, and that the note was transferred to the plaintiff as early as August 1, 1871. It was agreed that the only question in controversy, was whether or not, the defendant paid to Samuel Wells, now deceased, the sum of one hundred dollars, to apply on said…
1Opinion of the Court
The opinion of the court was delivered by
Barrett, J.
The cause of action in this case is the contract evidenced by the note, made by the defendant to the deceased payee ; and the matter in issue, that is, in dispute, is the alleged payment, claimed by the defendant, to the deceased payee in his lifetime. Hence, the defendant and the deceased payee were the only parties to the transactions involved in this suit, and in issue on the trial of it before the jury. It therefore falls, in terms, within the proviso of s. 24, c. 36, Gen. Sts., as emphatically as did the matter in question in 38 Vt. 509.
2Cases cited7 opinions
- Downs v. BeldenSupreme Court of Vermont · 1874
- Morse v. LowSupreme Court of Vermont · 1872
- Cole v. ShurtleffSupreme Court of Vermont · 1868
- Manufacturers' Bank v. ScofieldSupreme Court of Vermont · 1867
- Fitzsimmons v. SouthwickSupreme Court of Vermont · 1866
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3Cited by7 opinions
- Chapman v. DoughertySupreme Court of Missouri · 1885
- Barnes v. DowSupreme Court of Vermont · 1887
- Sanborn v. ColeSupreme Court of Vermont · 1891
- Farmer's National Bank v. ThomsonSupreme Court of Vermont · 1902
- Foster v. Estate of KingSupreme Court of Vermont · 1901
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