Legal Opinion

Stone v. Peake

Supreme Court of Vermont

Decided January 15, 1844PublishedCited by 4 opinions

Assumpsit on a note dated Sept. 10, 1836, for five hundred dollars, payable in one year from date, and signed by the defendant and one Joseph Blanchard. Plea, the general issue, and. trial by jury. The execution of the note was admitted by the defendant.

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Assumpsit on a note dated Sept. 10, 1836, for five hundred dollars, payable in one year from date, and signed by the defendant and one Joseph Blanchard. Plea, the general issue, and. trial by jury. The execution of the note was admitted by the defendant. It appeared in evidence that, at the date of the note, the defendant and said Blanchard (who, it was admitted, was jointly interested with the defendant in the transaction,) purchased of the plaintiff a written contract, or bond, for the conveyance of certain land in Milwaukie, Wisconsin Territory, executed to the plaintiff by one George D.…

1Opinion of the Court

The opinion of the court was delivered by

Hebard, J.

This case comes here upon exceptions to the ruling of the county court excluding the defence set up to the note. The case finds that the evidence tended to prove that the contract, upon which the note was given, was fraudulent. It is a familiar principle of law, and one distinctly recognized in the case of Walker v. Smith et al., 2 Vt. 539, “ that an entire want, or failure of consideration avoids a note,” and, “ that fraud which affects the entire contract, and prevents the' whole benefit that was expected to be derived from it, will also…

2Cases cited2 opinions

  1. Wiilliams v. HicksSupreme Court of Vermont · 1829
  2. Walker v. Smith, Robinson & Co.Supreme Court of Vermont · 1830

3Cited by4 opinions

  1. Giddings v. Giddings's AdministratorSupreme Court of Vermont · 1878
  2. Thrall v. HortonSupreme Court of Vermont · 1872
  3. Hoyt v. McNallySupreme Court of Vermont · 1893
  4. Craigue v. HallSupreme Court of Vermont · 1901

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