National Bank of Chelsea v. Isham
Supreme Court of Vermont
General Assumpsit. Plea, general issue, and trial by jury, June Term, 1875, Powers, J., presiding. The plaintiff introduced a note in evidence, signed by defendant, aud payable to the order of one Mahan, and indorsed in blank by said Mahan and one Elihu Hyde. It was conceded that there was an entire failure of consideration of the note, and the sole question that was submitted to the jury was, whether the plaintiff was a bona-fide holder of the note or not.
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General Assumpsit. Plea, general issue, and trial by jury, June Term, 1875, Powers, J., presiding. The plaintiff introduced a note in evidence, signed by defendant, aud payable to the order of one Mahan, and indorsed in blank by said Mahan and one Elihu Hyde. It was conceded that there was an entire failure of consideration of the note, and the sole question that was submitted to the jury was, whether the plaintiff was a bona-fide holder of the note or not. The plaintiff introduced^ said Hyde as a witness, who was the president and one of the directors of plaintiff bank at the time the note…
1Opinion of the Court
*593The opinion of the court was delivered by
Royce, J.
The court erred in admitting the answers of the witness Hyde. The questions put to the witness were, “ Did the bank discount and receive this note in the ordinary course of business ?” and “ Did the bank receive it in good faith ?” These were both questions of fact, and to be determined as such. The rule as laid down by Ch. J. Nelson, in Teal v. Barton, 40 Barb., is, that opinions, belief, deductions from facts, and such like, are matters which belong to the jury ; and when examination extends to these, and the judgment, inference, and belief…
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