Mix v. Shattuck
Supreme Court of Vermont
Assumpsit on a joint and several promissory note for $600, signed by the defendants, Hiram Shattuck, L. C. Snyder, and A. H. Chesmore, payable to plaintiff or bearer, in one year from date. Chesmore and Snyder made no defence, but Shattuck pleaded the general issue and Statute of Limitations. Trial by jury, April Term, 1877, Pierpoint, C. J., presiding, and verdict against all the defendants.
Read the full summary
Assumpsit on a joint and several promissory note for $600, signed by the defendants, Hiram Shattuck, L. C. Snyder, and A. H. Chesmore, payable to plaintiff or bearer, in one year from date. Chesmore and Snyder made no defence, but Shattuck pleaded the general issue and Statute of Limitations. Trial by jury, April Term, 1877, Pierpoint, C. J., presiding, and verdict against all the defendants. There was an indorsement on the note of $36, April 1, 1867, and another of $100, April 1, 1874, and annual indorsements of interest from April 1, 1868, to April 1, 1874, inclusive. It appeared that none…
1Opinion of the Court
The opinion of the court was delivered by
Royce, J.
The first exception taken was to the admission of evidence offered by the plaintiff tending to show that the defendants at the time they executed the note declared upon, were co-partners, and that they treated the debt created by the note as a partnership debt, and that the money for which said note was *424given was used as partnership funds. The evidence was not objectionable as varying the written contract, and, we think, was admissible for the purpose of showing the relation that the makers pf the note sustained to each other, and as affecting…
2Cases cited3 opinions
- Joslyn v. SmithSupreme Court of Vermont · 1841
- Wheelock, Son & Co. v. DoolittleSupreme Court of Vermont · 1846
- Carlton v. CoffinSupreme Court of Vermont · 1856
3Cited by6 opinions
- Clement v. ClementWisconsin Supreme Court · 1887
- Queen City Petroleum Products Co. v. Norwood-Hyde Park Bank & Trust Co.Ohio Court of Appeals · 1934
- Young v. StevensonSupreme Court of Arkansas · 1905
- Rouse v. WallaceColorado Court of Appeals · 1897
- Meier & Co. v. First National BankOhio Supreme Court · 1896
1 more not listed; retrieve them via the Exa API.