Downer v. Smith
Supreme Court of Vermont
Assumpsit upon a promissory note, signed by the defendant and one Safford, dated May 8, 1856, for two thousand dollars, payable to Warren C. French, or bearer, in sixteen months from date, with interest annually. Plea, the general issue, and trial by jury at the December Term, 1858, — Redeield, Ch. J. presiding.
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Assumpsit upon a promissory note, signed by the defendant and one Safford, dated May 8, 1856, for two thousand dollars, payable to Warren C. French, or bearer, in sixteen months from date, with interest annually. Plea, the general issue, and trial by jury at the December Term, 1858, — Redeield, Ch. J. presiding. The execution of the note was admitted, but the defendant claimed that it was obtained by the fraudulent representations of the plaintiff, at the time it was given, he being the party in interest. The testimony of the defendant tended to prove that the note in suit, with other notes,…
1Opinion of the CourtBennett, J.
This action is.defended upon the ground that the note was obtained by the frau'd 'of the plaintiff, lié being at the time the note Was givep, the real owner thereof
This note, with 'others, seems to have been given by this defend» ant and one Cyrus Safford for some mortgage interests, which the plaintiff held on lands in Braintree, Granville, and Roxbury J being a large amount of hiortgages, and other things, not neces-. sary now to specify particularly.
It is not controverted on this trial, but that the plaintiff was guilty of false representations in respect to the title of the lands conveyed…
2Cited by11 opinions
- Richardson v. LoweCourt of Appeals for the Eighth Circuit · 1906
- Waite v. Shoemaker & Co.Montana Supreme Court · 1915
- McCarty v. New York Life InsuranceSupreme Court of Minnesota · 1898
- Basye v. Paola Refining Co.Supreme Court of Kansas · 1909
- Norton v. GleasonSupreme Court of Vermont · 1889
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