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1 D. Chip. 113

Richards v. Pearl

Supreme Court of Vermont

Decided June 15, 1797

Supreme Court of Vermont · decided 1797-06-15

<p># the endorsee of a note not negotiable, commence a» action on the note, in,the name of the original payee, and in his name obtain judgment and execution, and cause such execution to be levied on personal estate, the property of such personal estate, is by the appraisal vested in the endorsee, and not in the. original payee.</p> <p>But to shew this right in the endorsee, it is necassary for him to produce a copy of the judgment, before he can read in evidence the execution and levy.</p>

Decided 1797-06-15

¶1The Court were unanimously of opinion, that the plaintiff, Richards, by virtue of the note and endorsement, had a right to receive payment on the note, or on execution obtained upon it, in the name of William Goodrich. — That the property of the oxen and the heifer, became, on the appraisal, vested in Richards, the owner of the note — not in William Goodrich, the nominal plaintiff. But it could not appear by the execution alone that it issued on a judgment obtained on the note in question. This was a point necessary to be proved, and can be proved by the record only. The record or a copy of it can be had, and this being the best evidence, no other can be admitted.

¶2The cause was continued on terms.

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