Preston v. Grant
Supreme Court of Vermont
Assumpsit upon a promissory note, dated October 23, 1857, for seventy-eight dollars, made by the defendant, and payable on demand to D. E. Dennison or bearer with interest. ■ The referee, to whom the case was referred, reported the following facts: On the note in question were these indorsements, “ Oct. 27, 1857, received forty-five dollars.
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Assumpsit upon a promissory note, dated October 23, 1857, for seventy-eight dollars, made by the defendant, and payable on demand to D. E. Dennison or bearer with interest. ■ The referee, to whom the case was referred, reported the following facts: On the note in question were these indorsements, “ Oct. 27, 1857, received forty-five dollars. Received Feb. 20, 1858, on the within three and ten one-hundredths dollars,” The defendant’s evidence tended to show that the note was executed for the balance of the purchase money of a carriage and harness which the defendant bought of the payee, and…
1Opinion of the CourtPierpoint, J.
The referee in this case has reported that there is due to the plaintiff from the defendant the sum of thii tyfour dollars and'twenty-three cents, unless the facts reported by him amount in law to an accord and satisfaction oi the claim so as to bar the plaintiff’s right of recovery. The referee finds that before the commencement of this suit, “ the defendant tendered to one Stone (who then had the note as the attorney of the Bank of Bratfelboro, to which the notes had been transferred) the sum of three dollars and ten. cents, saying that he tendered said sum as the balance due upon said…
2Cases cited6 opinions
- McDaniels v. President of the Bank of RutlandSupreme Court of Vermont · 1857
- McDaniels v. LaphamSupreme Court of Vermont · 1849
- Brigham v. DanaSupreme Court of Vermont · 1856
- Leavitt v. MetcalfSupreme Court of Vermont · 1829
- Cole v. Champlain Transportation Co.Supreme Court of Vermont · 1853
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3Cited by39 opinions
- Jenkins v. Henry C. Beck CompanyTexas Supreme Court · 1969
- Talbott v. EnglishIndiana Supreme Court · 1901
- Bull v. BullSupreme Court of Connecticut · 1876
- Eisenbeck v. ButtgenCourt of Appeals of Texas · 1970
- Crucible Steel Co. of America v. Premier Manufacturing Co.Supreme Court of Connecticut · 1920
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