Farrar v. Freeman
Supreme Court of Vermont
Assumpsit on a promissory note, dated July 22d, 1867, for eighty-five dollars, payable to bearer in six months from date, with interest. Plea, the general issue, and trial by jury, December term, 1870, Ross, J., presiding.
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Assumpsit on a promissory note, dated July 22d, 1867, for eighty-five dollars, payable to bearer in six months from date, with interest. Plea, the general issue, and trial by jury, December term, 1870, Ross, J., presiding. The defendants, who arc blacksmiths living in Walden, gave evidence tending to show that they purchased, at the date of the note, of one Russell, the right to use a certain patent right in Walden, called “ Austin’s Patent Nailless Horse Shoe,” and received, at that date, from said Russell, a deed of said patent for the town of Walden; and also, that, as a part of the…
1Opinion of the Court
The opinion of the court was delivered by
Wheeler, J.
The exceptions show that upon the evidence, on the part of the defendants themselves, the consideration of the note in suit was a deed of the right of the patent for Austin’s patent nailless horse shoe for the town of Walden from one Russell, and the agreement of Russell to furnish the defendants one hundred pounds of such horse shoes ready made, at the depot in St. Johns-bury, within a few weeks, at sixteen cents per pound.
*66The testimony of the defendants did not tend to show that the patent was entirely worthless, and it cannot be presumed…
2Cited by3 opinions
- City Savings & Trust Co. v. PeckSupreme Court of Vermont · 1918
- Hoyt v. McNallySupreme Court of Vermont · 1893
- Craigue v. HallSupreme Court of Vermont · 1901