28 Vt. 656 | Vt. | 1856
was delivered by
The plaintiff seeks to recover payment for 125 bushels of potatoes which were delivered to the defendant in the fall of 1842, in part payment of a note which Hall then held against him. The plaintiff afterwards renewed the note, and has since paid the renewal note, without any application of that payment. No indorsement for that matter was made on the note, and the claim was forgotten when the note was renewed, and when the renewal note was paid. The question now arises, whether that is a claim for which the plaintiff can recover in this suit. The court charged the jury that if the potatoes were delivered by the plaintiff
The judgment of the county court is affirmed.