Legal Opinion

Oaks v. Weller

Supreme Court of Vermont

Decided January 15, 1841PublishedCited by 5 opinions

Assumpsit. The plaintiff, in his declaration, alleged in substance, that in consideration that the plaintiff would settle a debt, due from Thomas M. Taylor to Warren Hill, and procure Wm. A. Prentiss to be discharged from his liability, as bail for the said Taylor, the defendant promised to secure the plaintiff for one third part of said debt, payable in January, 1833, and the plaintiff averred performance, on his part, and notice to the defendant.

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Assumpsit. The plaintiff, in his declaration, alleged in substance, that in consideration that the plaintiff would settle a debt, due from Thomas M. Taylor to Warren Hill, and procure Wm. A. Prentiss to be discharged from his liability, as bail for the said Taylor, the defendant promised to secure the plaintiff for one third part of said debt, payable in January, 1833, and the plaintiff averred performance, on his part, and notice to the defendant. Plea, non assumpsit, and trial by jury. On the trial in the county court, the plaintiff read in evidence letters to the plaintiff, of the…

1Opinion of the Court

*110The opinion of the court was delivered by

Collamer, J.

The courts in this state, following the American decisions on the subject, have holden that a guar-an tor shall have notice of the acceptance of his guaranty. gut tjiey have also holden that this notice need not be a direct, actual and personal notice, given only by the plaintiff or his agent. Whether notice was had, is a question of fact, to be found by the jury, from the testimony and circumstances in the case. This was so decided in the case of Lorillard v. Williams, in this county, and in Train v. Jones, in Windsor county. The…

2Cited by5 opinions

  1. German Savings Bank v. Drake Roofing Co.Supreme Court of Iowa · 1900
  2. Woodstock Bank v. DownerSupreme Court of Vermont · 1855
  3. Newman v. Streator Coal Co.Appellate Court of Illinois · 1886
  4. Manley Brothers, Inc. v. BushSupreme Court of Vermont · 1934
  5. Powers & Weightman v. BumcratzOhio Supreme Court · 1861

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