Tarbell v. Sturtevant
Supreme Court of Vermont
Assumpsit upon a promissory note, for $300, dated the 3d day of November, A. D. 1850, and made payable to one Smith D. Sturtevant, or order, in six months, and sued by the plaintiff as indorsee. Plea, the general issue, and trial by jury. On the trial, the plaintiff gave in evidence the note declared upon, and proved its indorsement, by Smith D. Sturtevant, the payee, and rested.
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Assumpsit upon a promissory note, for $300, dated the 3d day of November, A. D. 1850, and made payable to one Smith D. Sturtevant, or order, in six months, and sued by the plaintiff as indorsee. Plea, the general issue, and trial by jury. On the trial, the plaintiff gave in evidence the note declared upon, and proved its indorsement, by Smith D. Sturtevant, the payee, and rested. The defendant then offered to prove, that the plaintiff received the note in suit from the payee, Smith D. Sturtevant, on the 11th day of November, 1850, as a pledge, or collateral security, for the sum of $125, then…
1Opinion of the Court
The opinion of the court was delivered by
Isham, J.
The judgment of the county court in this case must be affirmed. The evidence offered by the defendant, as between these parties, was properly rejected. If this suit had been brought against the payee of the note, who was the plaintiff’s immediate indorser, the testimony possibly would have been admissible ; for as between them, the effect of the tender, whether made by him or Mr. Chapman as his assignee, would directly arise. The plaintiff’s interest in the note, as against the payee, was only to the extent of the money loaned or advanced, and…
2Cases cited1 opinion
- Douglass v. WilkesonNew York Supreme Court · 1831
3Cited by10 opinions
- Maitland v. Citizens' National BankCourt of Appeals of Maryland · 1874
- Koehler v. DodgeNebraska Supreme Court · 1891
- Welch v. MayerColorado Court of Appeals · 1894
- Noyes v. LandonSupreme Court of Vermont · 1887
- Linney v. ThompsonCourt of Appeals of Kansas · 1896
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