Benedict v. Cox
Supreme Court of Vermont
General Assumpsit. Pleas, general issue, payment, and set-off. Trial by jury, September Term, 1879, Powers, J., presiding. The plaintiff offered in evidence a promissory note as follows : $100. For value received, we jointly, and severally, each as principal, promise to pay H. S. Benedict, or bearer, one hundred dollars, one day from date, with interest annually. ' I. N. Austin, Underhill, April 1,1876. Matthew Cox.
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General Assumpsit. Pleas, general issue, payment, and set-off. Trial by jury, September Term, 1879, Powers, J., presiding. The plaintiff offered in evidence a promissory note as follows : $100. For value received, we jointly, and severally, each as principal, promise to pay H. S. Benedict, or bearer, one hundred dollars, one day from date, with interest annually. ' I. N. Austin, Underhill, April 1,1876. Matthew Cox. The execution of the note was admitted, but the defendant objected to its admission in evidence, for that it did not support the declaration, — claiming that he was only surety,…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
I. The note offered in evidence was joint and several, and recited that “ each as principal ” signed the note; and although, as between themselves, one was principal and the other surety, so far as the creditor is concerned both are principals. Claremont Bank v. Wood, 10 Vt. 582. This case has ever been recognized as authority. The remarks of Bennett, J., in People's Bank v. Pearsons, 30 Vt. 711, were not intended to impugn its soundness ; but, on the contrary, it was expressly affirmed. And we think the profession would be reluctant to…
2Cases cited4 opinions
- Samuel Sprigg, in Error v. The Bank of Mount PleasantSupreme Court of the United States · 1836
- People's Bank v. PearsonsSupreme Court of Vermont · 1858
- President, Directors & Co. of Claremont Bank v. WoodSupreme Court of Vermont · 1838
- Dunham v. DownerSupreme Court of Vermont · 1858
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- Alexander v. ChevalierSupreme Court of Vermont · 1924
- Arbuckle v. TempletonSupreme Court of Vermont · 1892
- McNamara v. Pickett Et Ux.Supreme Court of Vermont · 1938
- Barton Savings Bank & Trust Co. v. BickfordSupreme Court of Vermont · 1923