Alford v. Baxter
Supreme Court of Vermont
Assumpsit on a promissory note. Plea, the general issue and notice. Trial by court, by consent of parties, December Term, 1862, Barrett, J., presiding. The plaintiff read the note declared on without objection, signed by Isaac Green as principal, and Geo. B. Green, Jo. D. Hatch and Chester Baxter as sureties, and indorsed to the plaintiff by the payee Albert Brown, guardian, without recourse; and rested.
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Assumpsit on a promissory note. Plea, the general issue and notice. Trial by court, by consent of parties, December Term, 1862, Barrett, J., presiding. The plaintiff read the note declared on without objection, signed by Isaac Green as principal, and Geo. B. Green, Jo. D. Hatch and Chester Baxter as sureties, and indorsed to the plaintiff by the payee Albert Brown, guardian, without recourse; and rested. The defendant read without objection a discharge from Brown the payee, to Hatch, and proved that it had been duly executed and delivered’. It was conceded, that Brown at the time of the…
1Opinion of the CourtPeck, J.
The only question is whether the release executed by Brown to Hatch, one of the three sureties, in connection with tire defendant’s assent and agreement annexed ther'eto, releases the defendant, another surety, from all liability as the defendant claims, or only from one third of the note as the plaintiff claims. The defendant claims that at common law the release operates to discharge the defendant from all liability, and that the statute of 1855, providing for the discharge of one or more of several joint obligors or promisors without impairing the right to secure the residue of the debt…
2Cited by3 opinions
- Glasscock v. HamiltonTexas Supreme Court · 1884
- Wetmore & Morse Granite Co. v. RyleSupreme Court of Vermont · 1919
- Trustees of Schools v. SouthardAppellate Court of Illinois · 1889