Hoyt v. McNally
Supreme Court of Vermont
Assumpsit upon a promissoiy note. Plea, the general issue with notice of special matter. Trial by jury at the June term, 1892, Bennington county, Munson, J., presiding. The court directed a verdict for the defendant. The plaintiff excepts. The note was for the sum of one hundred dollars and was made payable to the order of Elisha F. Hoyt. It was endorsed upon the back to the order of the plaintiff.
Read the full summary
Assumpsit upon a promissoiy note. Plea, the general issue with notice of special matter. Trial by jury at the June term, 1892, Bennington county, Munson, J., presiding. The court directed a verdict for the defendant. The plaintiff excepts. The note was for the sum of one hundred dollars and was made payable to the order of Elisha F. Hoyt. It was endorsed upon the back to the order of the plaintiff. The defendant set forth in his notice that Elisha F. Hoyt held the title to a certain farm which he conveyed to the defendant with covenants of warranty and seizin ; that said farm was mortgaged…
1Opinion of the CourtThompson, J.
It is ixrged that the evidence offered and excluded shows a total failure of consideration for the note in suit, and that the plaintiff took it after its maturity, with full knowledge of the defence sought to be made by the evidence excluded. If the offer shows a total failure of consideration, such failure was a complete defence to the suit, and there was error below. The argument of the defendant in support of this contention is based upon the assumption that the farm would have been worth more than the amount of the mortgage on it, had it been at the time of the sale in the condition…
2Cases cited10 opinions
- Kelly v. PemberSupreme Court of Vermont · 1862
- Blaney v. PeltonSupreme Court of Vermont · 1888
- Briggs v. BoydSupreme Court of Vermont · 1865
- Burton v. SchermerhornSupreme Court of Vermont · 1849
- Thrall v. HortonSupreme Court of Vermont · 1872
5 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- City Savings & Trust Co. v. PeckSupreme Court of Vermont · 1918
- Burgess v. NashSupreme Court of Vermont · 1893
- Craigue v. HallSupreme Court of Vermont · 1901
- Russell v. RoodSupreme Court of Vermont · 1900