Chase v. Burnham
Supreme Court of Vermont
This was an action of indebitatus assumpsit on the common counts only, for money, and was tried on the general issue. On the trial in the county court, the plaintiffs gave in evidence a note, made directly to themselves, as to which no question was made. They also gave in evidence a note drawn'by the defendants, in favor of Porter, Denny & Co., payable to them or their order, and by the latter indorsed to the plaintiffs, and rested their case.
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This was an action of indebitatus assumpsit on the common counts only, for money, and was tried on the general issue. On the trial in the county court, the plaintiffs gave in evidence a note, made directly to themselves, as to which no question was made. They also gave in evidence a note drawn'by the defendants, in favor of Porter, Denny & Co., payable to them or their order, and by the latter indorsed to the plaintiffs, and rested their case. The defendants gave evidence tending to prove that the plaintiffs never paid money, nor any other consideration, for said indorsed note, but received…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
This case presents the simple question, whether the indorsee of a negotiable note can recover against the maker on the common money counts, in a case where the indorsee is not the owner of the demand, but holds it simply for the purpose of collection, as the agent or trustee of the payee. It is too well settled, to be at this time questioned, that the payee can maintain an action against the maker of the note for moneys had and received. The note furnishes evidence that the maker has received from the payee a sum of money, which he promises…
2Cases cited2 opinions
- Pierce v. CraftsNew York Supreme Court · 1815
- Eagle Bank of New-Haven v. SmithSupreme Court of Connecticut · 1823
3Cited by5 opinions
- Pusey & Jones Co. v. HanssenCourt of Appeals for the Third Circuit · 1922
- Johnson v. CatlinSupreme Court of Vermont · 1854
- St. Louis Union Trust Co. v. Oregon Annual Conference of the Methodist Episcopal ChurchDistrict Court, D. Oregon · 1935
- In re Caledonian Co.Court of Appeals for the Second Circuit · 1921
- Malley v. WeinmanSupreme Court of Vermont · 1876