Bigelow, Bros. & Kennard v. Denison
Supreme Court of Vermont
Assumpsit upon a promissory note, and for goods sold and delivered. Plea, the general issue, and trial by jury, June Term, 1851, ■ — Poland, J., presiding.
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Assumpsit upon a promissory note, and for goods sold and delivered. Plea, the general issue, and trial by jury, June Term, 1851, ■ — Poland, J., presiding. Qn trial the plaintiffs gave in evidence a note for $279,75, dated December 11, 1847, payable to the plaintiffs in six months, purporting to be signed by B. F. Denison as attorney for the defendant, and also a power of attorney, executed by the defendant to B. F. Denison, dated November 16, 1847. The plaintiffs also gave evidence tending to prove, that in December, 1847, B. F. Denison sent to the defendant two' of the gold watches, upon…
1Opinion of the Court
The opinion of the court was delivered by
Kellogg, J.
The only question, presented for consideration in this case, arises upon the charge of the county court. The court charged the jury, “ that if they were satisfied, that the defendant wrote and sent to the plaintiffs a certain letter referred to, it was such a ratification of the acts and doings of B. F. Denison, as would, in laur, make the defendant liable to pay the note;” and to this part of the charge exception was taken by the defendant.
In the letter referred to, dated July 5,1848, the defendant speaks of the note as “ my note” and says,…
2Cited by4 opinions
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- National Bank v. FassettSupreme Court of Vermont · 1869
- Alexander v. . CommissionersSupreme Court of North Carolina · 1874