Langdon v. Paul
Supreme Court of Vermont
Assumpsit upon two promissory notes. The defendant pleaded the general issue, and also the statute of limitations. The plaintiff replied, that the action did accrue within six years. Trial by jury, April Term, 1847, — Hall, J., presiding.
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Assumpsit upon two promissory notes. The defendant pleaded the general issue, and also the statute of limitations. The plaintiff replied, that the action did accrue within six years. Trial by jury, April Term, 1847, — Hall, J., presiding. On trial the plaintiff gave in evidence the notes declared upon; and also offered in evidence an. instrument, under seal, executed by the defendant, which was in these words, — “To all persons to ‘ whom these presents shall come, I hereby certify, that six notes of * $100 each, all payable to Francis Slason, or order, and all dated ‘ December 24, 183L,…
1Opinion of the Court
The opinion of the court was delivered by
Hall, J.
It is objected, that the writing offered by the plaintiff ought not to have been admitted in evidence, without explanation of *220the interlineation, which appeared upon it. It may be remarked, that the interlineation has every appearance of having been made at the time of the original draft of the instrument. But it is a sufficient answer to this objection, that the interlineation is of words altogether immaterial, — that the legal effect of the instrument is precisely the same without the interlineation, as with it. Chitty on Bills 206. Hunt v.…
2Cases cited4 opinions
- The BANK OF COLUMBIA v. PATTERSON’S Adm’rSupreme Court of the United States · 1813
- Nichols v. JohnsonSupreme Court of Connecticut · 1834
- Hunt v. AdamsMassachusetts Supreme Judicial Court · 1810
- Smith v. HigbeeSupreme Court of Vermont · 1840
3Cited by6 opinions
- Yeager v. MusgraveWest Virginia Supreme Court · 1886
- Fuller v. GreenWisconsin Supreme Court · 1885
- Tranter v. HibbardCourt of Appeals of Kentucky · 1900
- Churchill v. CapenSupreme Court of Vermont · 1911
- Cushing v. FieldSupreme Judicial Court of Maine · 1879
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