Adm'r of Peck v. Hubbard
Supreme Court of Vermont
This was an action of assumpsit on a note for eighteen sheep, payable in the month of September, 1832, to be delivered at any place in Lyndon where the plaintiff should elect. Plea, non assumpsit. Issue to the court. The plaintiff proved the note, as described in his declaration, and rested his case.
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This was an action of assumpsit on a note for eighteen sheep, payable in the month of September, 1832, to be delivered at any place in Lyndon where the plaintiff should elect. Plea, non assumpsit. Issue to the court. The plaintiff proved the note, as described in his declaration, and rested his case. There was no evidence tending to show that the plaintiff ever elected or designated any place for the delivery of said sheep, or that the defendant ever applied to him for that purpose, or that defendant ever paid or tendered the sheep to the plaintiff at any place in Lyndon or elsewhere. The…
1Opinion of the Court
Redfield, J.,
who was necessarily absent when the judgment in this case was pronounced, afterwards drew up the following opinion:
It has been very ingeniously argued, in the present case, that, the note in suit, being payable in specific articles, on a day certain, “at any place in the town of Lyndon which the payee shall elect,” this election of the place of payment is a condition precedent to be performed by him, before any right of action accrues. If so, it must have been strictly performed, or all remedy upon the note is forever lost. This is a conclusion to which the court would feel…
2Cited by2 opinions
- Welch v. BradleySupreme Court of Vermont · 1868
- Cushman v. SomersSupreme Court of Vermont · 1888