Bedford's Exr. v. Chandler
Supreme Court of Vermont
General Assumpsit. Plea, the general issue. Trial by jury at June Term, 1906, Lamoille County, Powers, J., presiding. Verdict ordered for defendant, and judgment thereon. The plaintiff excepted. The opinion states the case. Forbearance to sue was a sufficient consideration for deceased’s promise to pay the note. Templeton v. Bascom, 33 Vt. 71; Hakes v. Hotchkiss, 23 Vt. '231; Hill v. Smith, 34 Vt. 535; ■Ballard v. Burton, 64 Vt. 387; 7 Cent.
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General Assumpsit. Plea, the general issue. Trial by jury at June Term, 1906, Lamoille County, Powers, J., presiding. Verdict ordered for defendant, and judgment thereon. The plaintiff excepted. The opinion states the case. Forbearance to sue was a sufficient consideration for deceased’s promise to pay the note. Templeton v. Bascom, 33 Vt. 71; Hakes v. Hotchkiss, 23 Vt. '231; Hill v. Smith, 34 Vt. 535; ■Ballard v. Burton, 64 Vt. 387; 7 Cent. Dig., c. 317, §205, c. 595, §340; 11 Cent. Dig., e. 275, et seq.; 1 Bouvier’s Law. Diet. 377.
1Opinion of the CourtMunson, J.
In 1898 the defendant gave plaintiff’s decedent a writing which reads as follows: “For value received I * * promise to pay Mrs. Carrie M. Bedford, and to no other person, executor, trustee or assignee, the sum of three hundred dollars, with interest annually.” Interest was paid thereon from time to time until July, 1904.
We think the restriction embodied in the writing cannot be regarded as a mere limitation upon the payee’s right of transfer. It was evidently intended that the promise should be available *272to the payee in her lifetime, and become unenforceable at her death. But the plaintiff…
2Cases cited18 opinions
- Parmelee v. . ThompsonNew York Court of Appeals · 1871
- Blanchard v. SheldonSupreme Court of Vermont · 1871
- Sully v. ChildressTennessee Supreme Court · 1900
- Davis v. StoutIndiana Supreme Court · 1890
- Ives v. BosleyCourt of Appeals of Maryland · 1872
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3Cited by12 opinions
- University of Vermont v. Wilbur's EstateSupreme Court of Vermont · 1933
- Compton v. WestermanWashington Supreme Court · 1928
- In Re Lewis' EstateWashington Supreme Court · 1940
- Ambler v. BooneOhio Court of Appeals · 1914
- Novak v. LovinNorth Dakota Supreme Court · 1916
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