Wheeler v. House
Supreme Court of Vermont
Application of payments. Assumpsit. The declaration contained the general counts; plea, the general issue, and statute of limitations; trial by jury, March Term, 1854, — Poland, J., presiding.
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Application of payments. Assumpsit. The declaration contained the general counts; plea, the general issue, and statute of limitations; trial by jury, March Term, 1854, — Poland, J., presiding. The plaintiff claimed to recover the amount due upon two promissory notes, signed by the defendant, dated September 1, 1843, for $60.57 each, payable to the plaintiff on demand with interest annually; and to avoid the statute of limitations, he introduced testimony tending to prove that on the 18th day of October, 1847, he called upon the defendant with the above described note, and the defendant then…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
The plaintiff, in this action, seeks to recover the amount of two notes given in September, 1843, payable on demand, in bar of which the statute of limitations is plead. In October, 1847, the plaintiff, having the notes with him, called upon the defendant and he paid a certain sum, though not enough to pay one note, and the plaintiff endorsed one-half the sum paid on one note, and the other half upon the other of them.
The testimony, whether the application of the money so paid was by the approbation of the defendant, or not, was conflicting.
T…
2Cases cited1 opinion
- Ayer v. HawkinsSupreme Court of Vermont · 1846
3Cited by7 opinions
- Beck v. HaasSupreme Court of Missouri · 1892
- Moore v. OhlIndiana Court of Appeals · 1917
- Sanborn v. ColeSupreme Court of Vermont · 1891
- Old Falls, Inc. v. JohnsonNew Jersey Superior Court Appellate Division · 1965
- McGaffey v. MathieSupreme Court of Vermont · 1896
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