Fletcher v. Munroe
Supreme Court of Vermont
Special assumpsit. The writ was dated February 13, 1886.. The declaration counted upon a note executed by the defendant to the plaintiff.
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Special assumpsit. The writ was dated February 13, 1886.. The declaration counted upon a note executed by the defendant to the plaintiff. The defendant pleaded the statute of limitations, to which the plaintiff replied as follows : “ That after the execution and delivery, by the said defendant,,, of the said promissory note, and while the same remained wholly due and unpaid, to wit, on the 22d day of February, 1872, at Middlebury, in the county aforesaid, the said defendant made and signed a written agreement of the tenor following: ‘Middlebury, Vt., 22 Feb., 1872. I hereby guarantee the…
1Opinion of the Court
The opinion of the court was delivered by
Yeazuy, J.
Plaintiff’s counsel contend that the indorsement on the note, signed by the defendant and witnessed, was in and of itself a promissory note, and being such, the replication setting out this indorsement made good answer to the plea of the statute of limitations, and cites Com. v. Whitney, 1 Metc. 21. In that case there was a memorandum on the margin of the original note in these words: “November 4th, 1831. For value *408received I hereby acknowledge this note to be due, and promise to pay the same on demand,” which was signed in the presence of an…
2Cases cited2 opinions
- Lapham v. BriggsSupreme Court of Vermont · 1854
- Carpenter v. McClureSupreme Court of Vermont · 1866