Executors of White v. White
Supreme Court of Vermont
Assumpsit. Plea, the general issue, and trial by the court, at the September Term, 1855, — Underwood, J., presiding. The plaintiff read in evidence a note of three hundred and fifty dollars, signed by the defendant, dated July 1st, 1840, and payable to Wm. H. Williams on demand, and the following guaranty, dated Aug. 9th, 1841, and signed by the testator, who was the father of the defendant. “ Whereas my son-in-law, Bev. Wm. II. Williams, holds a note against my son, Wm.
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Assumpsit. Plea, the general issue, and trial by the court, at the September Term, 1855, — Underwood, J., presiding. The plaintiff read in evidence a note of three hundred and fifty dollars, signed by the defendant, dated July 1st, 1840, and payable to Wm. H. Williams on demand, and the following guaranty, dated Aug. 9th, 1841, and signed by the testator, who was the father of the defendant. “ Whereas my son-in-law, Bev. Wm. II. Williams, holds a note against my son, Wm. W. White, dated July 1st, 1840, for three hundred and fifty dollars with the interest, for money advanced to him ; I do…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
The first question in the case relates to the liability of the principal debtor for the moneys paid on the guaranty by the executors of the testator to Wm. W. Williams. It seems, that on the 1st of July, 1840, Wm. W. White gave his note to William H. Wiliams, a brother-in-law, for three hundred and fifty dollars, payable on demand ; and on the 9th of August, 1841, Phineas White, the father, gave his guaranty to see the note paid, if his son did not pay it. No consideration is expressed in the guaranty for the undertaking, and the guaranty,…
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