Blake v. Buchanan
Supreme Court of Vermont
Assumpsit upon a promissory note for $121,46, not negotiable. Plea, the general issue. The suit was referred under a rule from the county court, and the referee reported the facts substantially as follows. The plaintiff gave in evidence the note declared upon, the execution of which was conceded; and the defendant then produced a release of the note, executed by the plaintiff.
Read the full summary
Assumpsit upon a promissory note for $121,46, not negotiable. Plea, the general issue. The suit was referred under a rule from the county court, and the referee reported the facts substantially as follows. The plaintiff gave in evidence the note declared upon, the execution of which was conceded; and the defendant then produced a release of the note, executed by the plaintiff. The counsel for the plaintiff then claimed, that the note was the property of Cobb, Rollins & Co., that it was assigned to them by Blake, the payee, in September, 1842, which was previous to the execution of the release…
1Opinion of the Court
The opinion of the court was delivered by
Poland, J.
The first question in this case is as to the admissibility of Cobb as a witness. He was a member of the firm of Cobb, Rollins & Co., to whom the note, upon which the suit was founded, had been assigned by the plaintiff, and for whose benefit the suit was brought and prosecuted. We do not discover any reason, why the releases, from Cobb to the other members of the firm, of all his interest in the note, or suit, and of the debt of the firm against the plaintiff, which the note was assigned to secure, and their release to him, did not discharge…
2Cases cited1 opinion
- Moore v. Administrator of RichSupreme Court of Vermont · 1840
3Cited by2 opinions
- Lipp v. South Omaha Land SyndicateNebraska Supreme Court · 1888
- Howard v. BlackSupreme Court of Vermont · 1869