Smith v. Woods
Supreme Court of Vermont
This was an action of account against the defendant as bailiff and receiver of certain notes signed by Andy L. Smith, and another person, as bis bail; and of certain monies received by the defendant upon said notes. Plea, that the defendant was not bailiff and receiver to the plaintiff.
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This was an action of account against the defendant as bailiff and receiver of certain notes signed by Andy L. Smith, and another person, as bis bail; and of certain monies received by the defendant upon said notes. Plea, that the defendant was not bailiff and receiver to the plaintiff. Issue joined, and verdict for the plaintiff, that the defendant was his bailiff and receiver, and ought to account; upon which verdict judgement was rendered by the county court, that the defendant ought to account. But on the trial of this issue a number of questions were raised, and decided by the county…
1Opinion of the Court
Baylies, J.,
delivered the opinion of the Court. — The two first points, which the defendant makes, were decided by this Court at their last term in this action, and are not now open for discussion. — (3 Vt. Rep. 485.) The other points urged by the defendant in argument, may be considered together, and disposed of at once. The defendant contends that depositing-the money at the bank, was no payment of the .notes. Shouldtbe plaintiffinstitute a suit on these notes, the makers, in order to defeat a recovery against them for damages and costs, would be obliged to plead the payment at the bank…
2Cases cited2 opinions
- Bank of United States v. SmithSupreme Court of the United States · 1826
- Smith v. WoodsSupreme Court of Vermont · 1831