Miner v. Downer
Supreme Court of Vermont
[Same Case, 19 Vt. 14.] Assumpsit. The plaintiff declared against the defendants, as formerly partners, doing business under the firm of S. & W. Downer & Co., in the following words; — “ For that the said defendants, at ‘ said Sharon, on the 14th day of November, 1837, by their note (by ‘ mistake signed Downer & Dana, though it ought to have been ‘ signed by the style of partnership aforesaid, and was intended so to ‘ have been signed, as said note was given for the benefit…
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[Same Case, 19 Vt. 14.] Assumpsit. The plaintiff declared against the defendants, as formerly partners, doing business under the firm of S. & W. Downer & Co., in the following words; — “ For that the said defendants, at ‘ said Sharon, on the 14th day of November, 1837, by their note (by ‘ mistake signed Downer & Dana, though it ought to have been ‘ signed by the style of partnership aforesaid, and was intended so to ‘ have been signed, as said note was given for the benefit of said ‘ company, and for property which went to the use of said company,} ‘ dated on the day and year last aforesaid,…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
It is claimed by the defendants, Solomon Downer and Worcester Downer, in this ease, that there is a fatal variance between the note produced in evidence and the declaration. It does not seem to us, that there is any such variance. The declaration describes the note as signed “ Downer & Dana” by mistake for S. & W. Downer & Co., to whom the credit was given, and upon whose behalf the contract was executed, and to whose use the consideration went. The note, when produced, is signed “ Downer &■ Dana.” Whether this was intended to have been S.…
2Cases cited2 opinions
- Sargeant v. SargeantSupreme Court of Vermont · 1846
- Wells v. MaceSupreme Court of Vermont · 1845
3Cited by2 opinions
- Humphrey v. KassonSupreme Court of Vermont · 1854
- Wills & Fairbanks v. JuddSupreme Court of Vermont · 1854