Legal Opinion

Aseltine v. Perry

Supreme Court of Vermont

Decided February 25, 1903PublishedCited by 8 opinions

General Assumpsit. Pleas, the general issue and payment. Heard on the report of a referee, at the September Term, 1902, Franklin County, Munson, J., presiding. Judgment for the defendant. The plaintiff excepted. This is not a suit upon the notes, but an action' for money lent and paid out. The notes furnished evidence that the maker has received from the payee a sum of money which he promises to pay. Chase & Grew v. Burnham & Dow, 13 Vt. 448; 14 Am. & Eng. Ency.

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General Assumpsit. Pleas, the general issue and payment. Heard on the report of a referee, at the September Term, 1902, Franklin County, Munson, J., presiding. Judgment for the defendant. The plaintiff excepted. This is not a suit upon the notes, but an action' for money lent and paid out. The notes furnished evidence that the maker has received from the payee a sum of money which he promises to pay. Chase & Grew v. Burnham & Dow, 13 Vt. 448; 14 Am. & Eng. Ency. PI. & Pr. 566; Laphccm v. Briggs, 27 Vt. 27. The purpose of a speciñcation is not to tell what kind of evidence will be offered, but…

1Opinion of the CourtHaselton, J.

The plaintiff was a life insurance agent. The defendant, through the plaintiff’s agency, made application for insurance on his life; and the plaintiff’s principal, in accordance with said application, issued to the defendant a policy of life insurance, and delivered the same to the plaintiff for the defendant. At the time of said application the defendant executed and delivered to the plaintiff two notes, the consideration for which was an agreement that the agent should pay the company, for the insured, the amount of the first premium, which was $26.20. This the plaintiff did, and held the…

2Cases cited5 opinions

  1. President of the Bank of the United States v. LymanUnited States Circuit Court · 1848
  2. Porter v. Mutual Life Ins.Supreme Court of Vermont · 1897
  3. Johnson v. CateSupreme Court of Vermont · 1902
  4. Greenwood v. SmithSupreme Court of Vermont · 1872
  5. Bates v. QuinnSupreme Court of Vermont · 1884

3Cited by8 opinions

  1. Conn Boston Co. v. GriswoldSupreme Court of Vermont · 1931
  2. New York Central Railroad v. ClarkSupreme Court of Vermont · 1918
  3. Butler v. Milton Cooperative Dairy Corp.Supreme Court of Vermont · 1942
  4. In Re ThompsonSupreme Court of Vermont · 1939
  5. Collins v. Estate of CollinsSupreme Court of Vermont · 1932

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