Hawley v. Beeman
Supreme Court of Vermont
THE plaintiff declared in case upon a promissory note, dated at Salem, 7th July, 1797, by which defendant, for value received, promised to pay him 466 dols. 50 cts. in eighteen months after date, with interest from the date. Plea, non assumpsit, and issue to the country.
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THE plaintiff declared in case upon a promissory note, dated at Salem, 7th July, 1797, by which defendant, for value received, promised to pay him 466 dols. 50 cts. in eighteen months after date, with interest from the date. Plea, non assumpsit, and issue to the country. The defendant conceded the signing and delivery of the note, but relied in his defence, that on the day of the date of the note, the plaintiff made and executed to him a quit-claim deed of certain lands in Fairfield. That the note contained the consideration of the deed. That at the time of executing the deed and making the…
1Opinion of the Court
Sed per Curiam.
The evidence must be admitted. The subscribing a promissory note is prima facie evidence of a consideration; but every thing which goes to prove there was no consideration is good showing to the Jury, under the plea of non assumpsit. The distinction between what may be shown under the general issue, and what ought to be pleaded in actions of this nature, seems to be, that that which shows there was no consideration, as infancy or usury, which render the contract void, may be shown under the general issue; but that which acknowledges the consideration, but avoids it by new…
2Cited by1 opinion
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