Closson v. Stearns
Supreme Court of Vermont
Action of assumpsit by the endorsee of a promissory note against the maker. At'the trial it appeared that the note in question was made payable to Joel Houghton or order, and by him endorsed to the plaintiff.
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Action of assumpsit by the endorsee of a promissory note against the maker. At'the trial it appeared that the note in question was made payable to Joel Houghton or order, and by him endorsed to the plaintiff. It appeared from an inspection of the note, that the endorsement was made and signed with a lead pencil, and for that reason, the defendant contended, said endorsement was not a valid one : but the court were of opinion that the endorsement was sufficient, and thereupon rendered judgement for the plaintiff. The case was reserved for the opinion of this Court.
1Opinion of the Court
After argument,
Williams, J.,
delivered the-opinion of the Court. — The plaintiff sued as endorsee of a promissory note executed by defendant. On producing the note it appeared that the endorsement was made and signed with a lead pencil. Although it may be imprudent and unsafe, in many cases, to rely on a writing made with a pencil, yet the authorities show clearly that such writing has been recognised as legal. The case of Merritt & Merritt vs. Clason, 12 Johns. 102, and the case of Clason vs. Bailey & Voorhees, 14 Johns. 484, establish this principle, that a memorandum of a contract made with…
2Cases cited2 opinions
- Clason v. BaileyCourt for the Trial of Impeachments and Correction of Errors · 1817
- Merritt v. ClasonNew York Supreme Court · 1815
3Cited by2 opinions
- Myers v. VanderbeltSupreme Court of Pennsylvania · 1877
- Cooper v. BaileySupreme Judicial Court of Maine · 1863