Legal Opinion

Manufacturers' Bank v. Scofield

Supreme Court of Vermont

Decided January 15, 1867PublishedCited by 13 opinions

This was an action of assumpsit on a promissory note executed by the defendant, for one thousand dollars, dated at Pittsford, Vermont, August 10th, 1863, and payable in thirty days after the date thereof to the order of C. M. Scofield at the Manufacturers’ Bank, Troy, and duly endorsed by the said C. M. Scofield. The plaintiff s declaration also contained the common money and other counts in indebitatus assump-sit.

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This was an action of assumpsit on a promissory note executed by the defendant, for one thousand dollars, dated at Pittsford, Vermont, August 10th, 1863, and payable in thirty days after the date thereof to the order of C. M. Scofield at the Manufacturers’ Bank, Troy, and duly endorsed by the said C. M. Scofield. The plaintiff s declaration also contained the common money and other counts in indebitatus assump-sit. Plea, the general issue, and trial by the court, by the consent of the parties at the September Term, 1865, Kellogg, J. presiding. Flood was the president of the said bank up to…

1Opinion of the Court

The opinion of the court was delivered by

PlERPOiNT, Ch. J.

From the facts found by the court below, it appears that the note now in suit was executed by the defendant, payable to the order of his brother, C. M. Scofield, at the said Manufacturers' Bank of Troy, was endorsed by the said C. M. Scofield, discounted said bank on the recommendations of Roger A. Flood, the president of said bank, and the money sent to the defendant, who lived at Pittsford, in this state.

This was done in pursuance of an arrangement between the said Flood and C. M. Scofield, that the money when so obtained should be…

2Cases cited2 opinions

  1. Hackett v. CallenderSupreme Court of Vermont · 1859
  2. J. C. Hicks & Co. v. CramSupreme Court of Vermont · 1845

3Cited by13 opinions

  1. Hindman v. First Nat. Bank of LouisvilleCourt of Appeals for the Sixth Circuit · 1902
  2. Chapman v. DoughertySupreme Court of Missouri · 1885
  3. Angell v. HesterSupreme Court of Missouri · 1876
  4. Hughes v. IsraelSupreme Court of Missouri · 1881
  5. Downs v. BeldenSupreme Court of Vermont · 1874

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