Hay v. Hide
Supreme Court of Vermont
THIS was an action of assumpsit. / The declaration contained two counts; one on a promissory note, and one for money lent. Plea — the general issue. in support.of the action offered in evidence, a note or due bill in the words and figures following.
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THIS was an action of assumpsit. / The declaration contained two counts; one on a promissory note, and one for money lent. Plea — the general issue. in support.of the action offered in evidence, a note or due bill in the words and figures following. “ Due to Francis Hay eighty dollars on demand, 19th June, 1819” A. W. HIDE. contended that the evidence offered, would not support either count, in the declaration. ■ Though the due bill may be considered as evidence of a debt, yet it does not appear that it arose by way of loan. And it is not a promissory note, it contains no words of promise,…
1Opinion of the Court
By the Court.
— The due bill is an acknowledgment of so much
táioney of the plaintiff’s, in the hands of the defendant, for which the defendant is indebted to the plaintiff; and it may well be presumed to be for a loan. It is an acknowledgement under the hand of the defendant, and is sufficient to raise the implied promise in the second count, and might have supported a third count, on an insimul computassent.
Verdict for the plaintiff.
See the case Fisher v. Leslie. 1 Esp. Cases, 426. A slip ef paper, signed by the defendant, in the following letters and words. “ 1 O U eight guineas, was…
2Cited by1 opinion
- Beeler v. Turnpike Co.Supreme Court of Pennsylvania · 1850