1 Brayt. 203
Decided July 1, 1820
Supreme Court of Vermont · decided 1820-07-01
PLAINTIFF declar.es, that, whereas, heretofore, to wit, on the 30th day of October, 1810, at Whiting, in tlie County of Addison, the said Walker was indebted to the plaintiff, in the sum of $58,72, for fees, legally accruing to the plaintiff, as sheriff’s deputy, from the defendant, on a certain execution, in favor of the Vermont State Bank, against the said defendant, Lyman Clark, and Stephen Clark; in consideration thereof, the said defendant, to wit, at Whiting,…
Decided 1820-07-01
¶1Judgment of the Court. The question is, whether the dec-aration sets forth a promissory note, within the meaning of the Statute of limitations. 2 Stat. 408, sec. 8.
¶2The Court consider, a promissory note is sufficiently set forth, although the consideration set up, is distinct from the note itself, and although the note itself does not express an^” consideration.
¶3Replication sufficient.