Legal Opinion

Missisquoi Bank v. Evarts

Supreme Court of Vermont

Decided January 15, 1873PublishedCited by 5 opinions

Assumpsit on a promissory note for $290, payable to the plaintiff. Plea, payment, and trial by jury, April term, 1872, Red-field, J., presiding. At the time the note in suit was executed, Homer E. Hubbell kept a deposit of money at Fairfax, and discounted notes for the plaintiff, and discounted this note. The note was eighteen months overdue when the defendants were called upon to pay it.

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Assumpsit on a promissory note for $290, payable to the plaintiff. Plea, payment, and trial by jury, April term, 1872, Red-field, J., presiding. At the time the note in suit was executed, Homer E. Hubbell kept a deposit of money at Fairfax, and discounted notes for the plaintiff, and discounted this note. The note was eighteen months overdue when the defendants were called upon to pay it. The defendant, James Evarts, testified that on the day the note became due, or a day or two before, he paid it to said Hubbell in the street near said Hubbell’s house, in Fairfax; that Hubbell then said the…

1Opinion of the Court

The opinion of the court was drawn up by

Barrett, J.

Mr. Hubbell as a witness, without objection, had testified to the manner of his conducting the business of loaning money and receiving payment of such loans for the plaintiff bank; from which it appeared that he was accustomed to enter on a cashbook the money paid out by him when a note was discounted, and also the money when received by him in payment of a note on which book was entered the money paid to defendant when the note was discounted, but there was no entry of the payment of money on the note. In addition to this, he testified that…

2Cited by5 opinions

  1. Noyes, French & Fickett v. ParkerSupreme Court of Vermont · 1892
  2. United States v. WeinbrenCourt of Appeals for the Second Circuit · 1941
  3. Smythe v. Central Vermont Railway Co.Supreme Court of Vermont · 1914
  4. Pettingill v. ElkinsSupreme Court of Vermont · 1878
  5. Cross & Brigham v. Willard's EstateSupreme Court of Vermont · 1873

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