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69 Vt. 203

Landon v. Bryant

Supreme Court of Vermont

Decided October 15, 1896

Supreme Court of Vermont · decided 1896-10-15

General and Special Assumpsit. Plea, the general issue with notice and payment. Trial by jury at the March Term, 1896, Rutland County, Taft, J., presiding. At the close of the plaintiff’s testimony, the defendant rested and moved for, a verdict in his favor, which was directed and judgment rendered thereon, and the plaintiff excepted.

Cited by 1 later decisions — most recently February 1923

1 state decisions

Relies on Nash v. Harrington

Good law ✅— No negative treatment on recordhow we know

Decided 1896-10-15

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Munson, J.

¶1To charge the endorser of an overdue note, demand must be made and notice given as if the note became due on the day of the endorsement. Nash v. Harrington, 2 Aik. 9. The plaintiff conceded that this had not been done, and sought to hold the defendant on the ground of waiver. The court held there was no evidence tending to show a waiver; and this holding was correct. Giving the testimony the largest scope possible, its only tendency was to show that the defendant understood the note was being bought to give the maker more time. The jury could not be permitted to infer a waiver from the mere fact that the endorser had this understanding.

¶2Judgment affirmed.

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