Austin v. Curtis & Walker
Supreme Court of Vermont
General Assumpsit, in which the plaintiff sought to recover upon a promissory note for two hundred dollars, dated June 13, 1853, signed by John Bradley, payable to the order of John Smith in three months after date, and indorsed by Smith and the defendants.
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General Assumpsit, in which the plaintiff sought to recover upon a promissory note for two hundred dollars, dated June 13, 1853, signed by John Bradley, payable to the order of John Smith in three months after date, and indorsed by Smith and the defendants. Plea, the general issue, and trial by the court, at the March Term, 1857, — Peck, J., presiding, — upon the following agreed statement of facts: — The defendants, as partners, indorsed the note, above described for the accommodation of the maker, John Bradley, for whom the plaintiff, knowing their relation to the note, discounted it. It…
1Opinion of the CourtBennett, J.
This ease, having been argued a second time, before all the judges, at the General Term, it becomes my duty to express the opinion of a majority of the court. The case comes up upon an agreed statement of facts. The defendants, were accommodation indorsers of a note from one John Bradley, and the plaintiff, knowing such to be the fact, discounted the: note for Bradley, and when the note matured, the necessary steps were taken to charge all parties on the paper. After this, the plaintiff accepted the note of John Bradley, bearing date the 1st of May, 1854, payable on time, to the order of…
2Cases cited13 opinions
- Fellows v. PrentissCourt for the Trial of Impeachments and Correction of Errors · 1846
- Elwood v. DeifendorfNew York Supreme Court · 1848
- Ruggles v. PattenMassachusetts Supreme Judicial Court · 1812
- Burke v. CrugerTexas Supreme Court · 1852
- Weakly v. Bell & SterlingSupreme Court of Pennsylvania · 1840
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3Cited by10 opinions
- Fairbanks v. Crump Irrigation & Supply Co.California Court of Appeal · 1930
- Mobile Life Insurance v. RandallSupreme Court of Alabama · 1881
- Noyes v. LandonSupreme Court of Vermont · 1887
- Foster County State Bank v. HesterNorth Dakota Supreme Court · 1909
- First National Bank of San Francisco v. GoldenCalifornia Court of Appeal · 1912
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