Arnold v. Sprague
Supreme Court of Vermont
This was an action of assumpsit upon the following order: Mr. Edward Sprague: — Sir:—“Pay Sprague Arnold, Jr. ten dollars and ninety-six cents'and charge the same to me. Randolph, December 15, 1856. (Signed) . G. H. Burt.” Plea, non assumpsit and trial by the court by agreement of the parties.
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This was an action of assumpsit upon the following order: Mr. Edward Sprague: — Sir:—“Pay Sprague Arnold, Jr. ten dollars and ninety-six cents'and charge the same to me. Randolph, December 15, 1856. (Signed) . G. H. Burt.” Plea, non assumpsit and trial by the court by agreement of the parties. The plaintiff gave in evidence the order, and the court frorp the evidence found the following facts : In the spring of 1856 the defendant, John "Weston and P. Morey, were appointed by the school district in which they resided, in Randolph, a committee to build a school house, and contracted with said…
1Opinion of the CourtAldis, J.
It is not essential to the validity of a bill of exchange or. promissory note, that it should be negotiable.
The advantages arising from the negotiability of such instruments was originally the reason why they were held to be exceptions to the general rule of the commojn law that choses in action were-not assignable. Hence it was once considered that negotiability was essential to such instruments. But for a long time, both in this country and in England, it has been held, and is now settled law, that they need not be'negotiable.
*405Chitty on bills 159, and cases cited. Kendall v. Galvin, 15 Maine…
2Cases cited6 opinions
- United States v. Bank of the MetropolisSupreme Court of the United States · 1841
- Pentz v. StantonNew York Supreme Court · 1833
- Grant v. EllicottNew York Supreme Court · 1831
- Mills v. HuntNew York Supreme Court · 1838
- Patty v. MilneNew York Supreme Court · 1837
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Tucker Manufacturing Co. v. FairbanksMassachusetts Supreme Judicial Court · 1867
- Anderson v. Portland Flouring Mills Co.Oregon Supreme Court · 1900
- In re Estate of BarronSupreme Court of Vermont · 1919
- Mehlberg v. TisherWisconsin Supreme Court · 1869
- Albany County Bank v. RiderNew York Supreme Court · 1893
7 more not listed; retrieve them via the Exa API.