Legal Opinion

Sherman v. Black

Supreme Court of Vermont

Decided October 15, 1876PublishedCited by 5 opinions

Assumpsit. The case was referred, and the referee reported, that the defendant and the plaintiff signed a ninety-day note for $1500 with.

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Assumpsit. The case was referred, and the referee reported, that the defendant and the plaintiff signed a ninety-day note for $1500 with. Charles Livermore, under circumstances that are fully stated in the opinion; that Livermore paid $1000 on the note upon its maturity, and soon afterwards went into bankruptcy, and that the plaintiff, upon being pressed by the bank where the note was discounted, paid the balance — $506.22 ; that the plaintiff thereupon demanded of defendant the sum so paid, claiming to have been surety for both him and Livermore; that the defendant paid half of it, but…

1Opinion of the Court

The opinion of the court was delivered by

Redfield, J.

By the referee’s report, it appears that the defendant signed a bank note with Charles Livermore, payable to the Ashuelot Bank, of Keene,'N. H., for 11500, at ninety days. On the face of the note, apparently, both were principals. In fact the defendant was surety for Livermore. The bank refused to discount the note without the name of some responsible citizen of New Hampshire. Livermore then applied to the plaintiff, a resident citizen of Keene, and told him that the bank had refused to discount said note, and asked the plaintiff “ if he…

2Cases cited2 opinions

  1. Norton v. CoonsNew York Supreme Court · 1846
  2. Adams v. FlanaganSupreme Court of Vermont · 1863

3Cited by5 opinions

  1. Bulkeley v. HouseSupreme Court of Connecticut · 1893
  2. McCollum v. BoughtonSupreme Court of Missouri · 1896
  3. Baldwin v. FlemingIndiana Supreme Court · 1883
  4. Huffman v. ManleyWest Virginia Supreme Court · 1919
  5. Bank v. . BurchSupreme Court of North Carolina · 1907

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