Bragg v. Fletcher
Supreme Court of Vermont
Assumpsit upon a promissory note payable in specific articles. Pleas, the general issue, and non assumpsit infra sex annos. The defendants also pleaded in offset two promissory notes, executed by the plaintiff, and made payable to one Asa B. Foster, or bearer. To the plea of the statute of limitations the plaintiff replied, that the note was subscribed by an attesting witness. To this replication the defendants demurred.
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Assumpsit upon a promissory note payable in specific articles. Pleas, the general issue, and non assumpsit infra sex annos. The defendants also pleaded in offset two promissory notes, executed by the plaintiff, and made payable to one Asa B. Foster, or bearer. To the plea of the statute of limitations the plaintiff replied, that the note was subscribed by an attesting witness. To this replication the defendants demurred. The county court, November Term, 1845, — Redfield, J., presiding, — adjudged the replication sufficient ; to which decision the defendants excepted. Upon the other pleas…
1Opinion of the Court
The opinion of the court was delivered by
Davis, J.
After the long usage which has obtained in this state, and repeated decisions of this court sanctioning such usage, it is entirely too late to deny to a written contract, having the usual form of a promissory note in every particular, except that it is payable in some specific article, the properties of such an instrument’. The replication, that the paper was duly witnessed, was therefore a good answer to the plea of the statute of limitations.
The only other question, which the case presents, is, whether the county court were correct, in…
2Cited by2 opinions
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