Moore v. Quint
Supreme Court of Vermont
Assumpsit. Pleas : the general issue, payment, and statute of limitations. Trial by jury, at the June term, Caledonia county, 1870, Steele, J., presiding. Verdict for the plaintiff.
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Assumpsit. Pleas : the general issue, payment, and statute of limitations. Trial by jury, at the June term, Caledonia county, 1870, Steele, J., presiding. Verdict for the plaintiff. Tho defendant excepted to the charge of the court in tlie following particulars: 1. “ To the instructions of the court to the effect that if defendant gave plaintiff a note April 12, 1854, it was defendant’s duty to seek out tho note wherever it might be and pay it, and the sending of the draft, unless accepted by defendant, and made available to payment of the note, would be no payment of the note.” 2. “ To the…
1Opinion of the Court
The opinion of the court was delivered by
Barrett, J.
I. The defendant asserts that he paid the claim of the plaintiff, whether resting in a note or otherwise, in the *108manner that was agreed between them, when the plaintiff was about to leave Sonora in April, 1854, viz.: by buying a draft and forwarding it by express to tbe plaintiff, on the occasion when John B. Moore surrendered the note to the defendant, as testified by said John B. The plaintiff testified that he left the note with his brother for the purpose of having it paid to him, and that “ he left it until it was paid.” He claimed on…
2Cases cited1 opinion
- Wheeler v. BrewerSupreme Court of Vermont · 1848
3Cited by1 opinion
- Munroe v. PotterSupreme Court of Vermont · 1893