Supreme Court of Vermont, 1893

Burgess v. Nash

Burgess v. Nash
Supreme Court of Vermont · Decided July 1, 1893 · Thompson
66 Vt. 44

Burgess v. Nash

Opinion of the Court

THOMPSON, J.

The only question presented in this case is whether the defendant can make the defence of par*46tial failure of consideration, under the provisions of R. L., s. 911. As held in Hoyt v. McNally, 66 Vt. 38, heard and decided this terra, the plaintiff is not an original party to the note in suit within the meaning of the statute, and, therefore, this defence cannot be interposed.

Judgment affirmed.

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