Pierson v. Huntington
Supreme Court of Vermont
Assumpsit on a promissory note by an indorsee against the maker. Plea, the general issue. Trial by court at the March Term, 1907, Washington County, Miles, J., presiding. Judgment for the defendant. The plaintiff excepted. The opinion states the case. The defence of failure of consideration cannot prevail against a tona fide indorsee for value who took the note while current, 4 Am. & Eng.
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Assumpsit on a promissory note by an indorsee against the maker. Plea, the general issue. Trial by court at the March Term, 1907, Washington County, Miles, J., presiding. Judgment for the defendant. The plaintiff excepted. The opinion states the case. The defence of failure of consideration cannot prevail against a tona fide indorsee for value who took the note while current, 4 Am. & Eng. Enc. of Law, 2nd Ed. 198; Fwrlin v. Love joy, 29 111. 45; Milford v. Shepard, 2 (Scam.) 111. 583. The mere fact that a note is indorsed “without recourse” is not sufficient in itself to charge the indorsee…
1Opinion of the CourtMunson, J.
The note in suit was given by the defendant to the Woodford Distilling Company, and was indorsed by that company to the plaintiff. The plaintiff’s case was submitted in depositions, and consisted of the note and evidence of its transfer for value before maturity. The defendant’s evidence was confined to' matters affecting the note in the hands of the payee. The plaintiff offered nothing in reply.
The trial court has found that the note was indorsed to the plaintiff without recourse, for a valuable consideration, and before maturity; and that it was received without notice of a defence, but…
2Cases cited16 opinions
- Goodman v. SimondsSupreme Court of the United States · 1858
- Vosburgh v. . DiefendorfNew York Court of Appeals · 1890
- Holme v. KarsperSupreme Court of Pennsylvania · 1813
- Totten v. BucyCourt of Appeals of Maryland · 1882
- Limerick National Bank v. AdamsSupreme Court of Vermont · 1897
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3Cited by15 opinions
- Howard National Bank v. WilsonSupreme Court of Vermont · 1923
- Connelly v. Greenfield Savings BankSupreme Court of Iowa · 1921
- Bank of Polk v. WoodMissouri Court of Appeals · 1915
- National Bank of the Republic v. PriceUtah Supreme Court · 1923
- Glendo State Bank v. AbbottWyoming Supreme Court · 1923
10 more not listed; retrieve them via the Exa API.