Legal Opinion

Hyde v. Lawrence

Supreme Court of Vermont

Decided January 15, 1877PublishedCited by 5 opinions

Assumpsit upon a promissory note. Plea, the general issue, and trial by the court, March Term, 1876, Wheeler, J., presiding.

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Assumpsit upon a promissory note. Plea, the general issue, and trial by the court, March Term, 1876, Wheeler, J., presiding. The declaration alleged that defendant executed and delivered to the Wardens and Vestry of Christ Church, Hampton, a promissory note, whereby for value received he promised to pay said Wardens and Vestry, or bearer, three years from date thereof, $600, with interest; that afterwards, plaintiff became, and at the time of declaring was, the bearer of said note, whereby, &c. Plaintiff offered in evidence a note such as was declared upon, except that it was the joint note…

1Opinion of the Court

The opinion of the court was delivered by

Pierpoint, C. J.

This is an action brought by the plaintiff as the bearer of a note executed by the defendant to the Wardens and Vestry of Christ Church, Hampton, or bearer. No question is made as to the execution of the note, nor as to defendant’s liability to pay it, but it is insisted that the payee of the note was a corporation at the time the note was executed, but that since the execution of the note, and before it passed into the hands of this plaintiff, said corporation, not keeping up its organization, had become extinct, and therefore that…

2Cases cited1 opinion

  1. McGregor v. BalchSupreme Court of Vermont · 1845

3Cited by5 opinions

  1. Abdon v. WallaceIndiana Court of Appeals · 1929
  2. Scott v. Kona Development Co.Hawaii Supreme Court · 1913
  3. Armour & Co. v. J. J. Ward & Co.Supreme Court of Vermont · 1905
  4. Town of Grand Isle v. Towns of Milton & ColchesterSupreme Court of Vermont · 1896
  5. Ellis v. Watkins' EstateSupreme Court of Vermont · 1901

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