Barrett v. Tyler
Supreme Court of Vermont
Assumpsit by an indorsee of a promissory note against the makers. Plea, the general issue with notice. Said notice has not been furnished the reporter. Trial by jury at the June Term, 1903, Orange County, Munson, J., presiding. Verdict ordered for the plaintiff for the amount of the note, and judgment thereon.' The defendants excepted. The case was disposed of on the defendants’ evidence and offers, the offers being treated as proved for the purposes of the trial.
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Assumpsit by an indorsee of a promissory note against the makers. Plea, the general issue with notice. Said notice has not been furnished the reporter. Trial by jury at the June Term, 1903, Orange County, Munson, J., presiding. Verdict ordered for the plaintiff for the amount of the note, and judgment thereon.' The defendants excepted. The case was disposed of on the defendants’ evidence and offers, the offers being treated as proved for the purposes of the trial. It did not appear what the plaintiff actually gave for the note. The execution of the note and of the indorsement was conceded.…
1Opinion of the CourtWatson, J.
The note upon which the plaintiff seeks to recover Was given by the defendants to one Holman for the purchase price of two horses and two harnesses bought of him ‘.by the defendants and was endorsed to the plaintiff after maturity. The defense was put solely upon1 the ground that the note was invalid at its inception by reason of fraud. The defendants’ evidence and offers of evidence tended to’ show that before and at the time of the making of the contract, false representations were made by Holman to the defendants of -and concerning the horses, which representations were relied upon by the…
2Cases cited4 opinions
- Sands & Crump v. Taylor & LovettNew York Supreme Court · 1810
- Downer v. SmithSupreme Court of Vermont · 1859
- Swann v. WestMississippi Supreme Court · 1866
- Hambrick v. WilkinsMississippi Supreme Court · 1887
3Cited by5 opinions
- Land Finance Corp. v. Sherwin Electric Co.Supreme Court of Vermont · 1929
- Aetna Chemical Co. v. Spaulding & Kimball Co.Supreme Court of Vermont · 1924
- Bombardier v. GoodrichSupreme Court of Vermont · 1920
- Ward v. MarvinSupreme Court of Vermont · 1905
- Bailey v. ManleySupreme Court of Vermont · 1904