Armstrong v. Noble
Supreme Court of Vermont
Assumpsit upon a promissory note. Picas, general issue, payment and offset. Trial by jury, September Term, 1882, Royce, Ch. J., presiding. Verdict for the defendant. The plaintiff introduced the note in suit and rested. The note was payable to W. A. Armstrong, or bearer. It was endorsed to the plaintiff long after it became due, and only a short time before this suit was brought. The plaintiff is father of said W. A. Armstrong.
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Assumpsit upon a promissory note. Picas, general issue, payment and offset. Trial by jury, September Term, 1882, Royce, Ch. J., presiding. Verdict for the defendant. The plaintiff introduced the note in suit and rested. The note was payable to W. A. Armstrong, or bearer. It was endorsed to the plaintiff long after it became due, and only a short time before this suit was brought. The plaintiff is father of said W. A. Armstrong. The defendant’s daughter was the wife of said W. A. The defendant introduced evidence, against the objection and exception of the plaintiff, tending to show that the…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
The plaintiff took the note in suit long after the same fell due. He took it, therefore, subject to all the existing'defences to the note itself, or which grew out of the note transaction, or out of any agreement between the defendant and the payee, in relation to it. He could not plead in offset a matter which existed between him and the payee at the time of the transfer to the plaintiff. Walbridge v. Kibbee, 20 Vt. 543; Bowen v. Thrall, 28 Vt. 382.
The defendant was allowed against the plaintiff’s objection and exception to introduce evidence…
2Cases cited3 opinions
- State v. MeaderSupreme Court of Vermont · 1881
- Bowen v. ThrallSupreme Court of Vermont · 1856
- Walbridge v. KibbeeSupreme Court of Vermont · 1848
3Cited by19 opinions
- State v. BurpeeSupreme Court of Vermont · 1892
- Foster's Exrs. v. DickersonSupreme Court of Vermont · 1891
- State v. NoakesSupreme Court of Vermont · 1897
- Gilfillan v. Gilfillan's EstateSupreme Court of Vermont · 1916
- Lyndon Mill Co. v. Lyndon Literary & Biblical InstitutionSupreme Court of Vermont · 1891
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