Adams v. Edmunds
Supreme Court of Vermont
Assumpsit. ■ Heard on demurrer to the special count in the amended declaration, December Term, 1882, Taft, J., presiding. Demurrer overruled. cited 12 Yt. 443 ; 20 Vt. 455 ; 52 Yt. 374; 1 Aik. 304; 14 E. C. L. 90; 3 E, C. L. 64; Chitty Bills, 66, 265, n. cited 41 Yt. 24; 14 Yt. 387; 20 Yt; 455; 12 Yt. 443; 1 Swift Dig. 437 ; 3 Kent Com. 78 ; 8 Conn. 431.
1Opinion of the Court
*353The opinion of the court was delivered by
Powers, J.
The plaintiff in his special count, which is demurred to, declares upon a lost note payable to him or bearer. He alleges that he lost the note in question and that it cannot be found, but does not allege that the note is destroyed.
It is the settled law in England and in this State that no recovery can be had upon such a note at law. A court of equity alone can give relief upon an indemnity being given to the maker.. A note payable to bearer imparts a legal liability of the maker to pay any holder who may present it, and if lost it may come to…
2Cases cited4 opinions
- Lazell v. LazellSupreme Court of Vermont · 1840
- Hopkins v. AdamsSupreme Court of Vermont · 1848
- Hough v. BartonSupreme Court of Vermont · 1848
- Wright v. JacobsSupreme Court of Vermont · 1826
3Cited by2 opinions
- City of Bloomington v. SmithIndiana Supreme Court · 1890
- Clark v. SnowSupreme Court of Vermont · 1887