Legal Opinion

Administrators of Beaman v. Russell

Supreme Court of Vermont

Decided February 15, 1848PublishedCited by 21 opinions

Assumssit. The action was commenced in the life time of the plaintiff, Joel Beaman, and, upon his decease during the pendency of the suit, was afterwards prosecuted by his administrators.

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Assumssit. The action was commenced in the life time of the plaintiff, Joel Beaman, and, upon his decease during the pendency of the suit, was afterwards prosecuted by his administrators. The plaintiff alleged in his declaration, that on the sixteenth day of March, 1827, in consideration that the plaintiff would sign with John Blanchard, Alexander Robertson and Anthony Blanchard two notes of that date, for $400 each, payable to the President, Directors & Co. of the Bank of Rutland in ninety days, the defendants promised, in writing, to indemnify the plaintiff for so doing; and the plaintiff…

1Opinion of the Court

The opinion of the court was delivered by

Hall, J.

The first question to be considered is, whether the writing of indemnity, offered in evidence by the plaintiff, ought to have been excluded, because of the alteration, — admitted to be a material one, — appearing upon it.

The question, upon whom the burden of proof devolves, when an instrument in writing appears to have undergone an alteration, is, upon the authorities, involved in considerable confusion and uncertainty. In the following cases, in this country, it is either decided, or declared, that such alteration will be presumed to have been…

2Cases cited5 opinions

  1. Jackson v. OsbornNew York Supreme Court · 1829
  2. Chapin v. MerrillNew York Supreme Court · 1830
  3. Bailey v. TaylorSupreme Court of Connecticut · 1836
  4. Herrick v. MalinCourt for the Trial of Impeachments and Correction of Errors · 1839
  5. Rankin v. BlackwellNew York Supreme Court · 1801

3Cited by21 opinions

  1. Wilson v. HayesSupreme Court of Minnesota · 1889
  2. Farmers' Nat. Bank of Tecumseh v. McCallSupreme Court of Oklahoma · 1910
  3. Sirrine v. BriggsMichigan Supreme Court · 1875
  4. McCormick v. FitzmorrisSupreme Court of Missouri · 1866
  5. Stoner v. EllisIndiana Supreme Court · 1855

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