Aldis v. Johnson
Supreme Court of Vermont
This action was tried in the County Court, and was decided for defendant, and a bill of exceptions allowed and a case agreed upon, on which a hearing has been had this term. The exceptions and case agreed upon were as follows: “This was an actiop brought against defendant as endorsor of a note executed by William JV. Ryan, 8s made payable to Eli JV.
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This action was tried in the County Court, and was decided for defendant, and a bill of exceptions allowed and a case agreed upon, on which a hearing has been had this term. The exceptions and case agreed upon were as follows: “This was an actiop brought against defendant as endorsor of a note executed by William JV. Ryan, 8s made payable to Eli JV. Johnson, dated May 16th, 1823, payable in cattle on the 3d day of October, 1823, or in grain on die 3d day of January, 1824, on which was the following endorsement, viz : “ For value received I hereby order the contents of this note paid “ to…
1Opinion of the CourtHutchinsoN, J.
delivered the opinion of the court. — The question upon which this cause must turn is, whether the plaintiffs used such diligence in their demanding payment of the maker of the note, and giving notice back to the endorser, the defendant, as to keep good their right of action against him ? As the dates are given in the declaration and case, the court must consider that the note was endorsed blank by the defendant to the plaintiffs a short time before it fell due, which was January 3,1824; that it was sued on the fifth of the same January, the writ served on the seventh, by attaching the land…
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