Hannum v. Richardson
Supreme Court of Vermont
Assumpsit for false warranty of a promissory note. Plea, the general issue, and trial by jury, December Term, 1874, Barrett, J., presiding. Said note was for $58, dated Aug. fi, 1870, payable to the order of one McIntosh & Co. 30 days after date, signed by one Lincoln, indorsed by the payees to defendant, and by defendant to plaintiff without recourse to the payees or the defendant.
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Assumpsit for false warranty of a promissory note. Plea, the general issue, and trial by jury, December Term, 1874, Barrett, J., presiding. Said note was for $58, dated Aug. fi, 1870, payable to the order of one McIntosh & Co. 30 days after date, signed by one Lincoln, indorsed by the payees to defendant, and by defendant to plaintiff without recourse to the payees or the defendant. Plaintiff gave evidence that he bought said note of defendant on Jan. 26,1873, and gave valuable consideration therefor, which was not denied; that defendant warranted the note valid, and not subject to defence by…
1Opinion of the Court
The opinion of the court was delivered by
Pierpoint, Ch. J.
It may be observed in the outset, that this action is not brought by the plaintiff as the indorsee of the note referred to against the defendant as the indorser, and the action is not based upon the indorsement, but is brought upon an alleged *510warranty by the defendant that the note was a valid and binding note, based upon a valid and lawful consideration, when in fact it was given for an illegal consideration, and was at its inception void. On trial the plaintiff introduced evidence in support of his declaration. After the evidence was…
2Cases cited2 opinions
- Murray v. JudahNew York Supreme Court · 1826
- Herrick v. WhitneyNew York Supreme Court · 1818
3Cited by10 opinions
- Meyer v. RichardsSupreme Court of the United States · 1896
- Challiss v. McCrumSupreme Court of Kansas · 1879
- Faulks v. KampU.S. Circuit Court for the District of Southern New York · 1880
- Prescott National Bank v. ButlerMassachusetts Supreme Judicial Court · 1893
- Carroll v. NodineOregon Supreme Court · 1902
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