Baxter v. Downer
Supreme Court of Vermont
Assumpsit on an agreement in writing, signed by the defendant, which was as follows: “ Whereas, Chester Baxter has this day given a receipt for three two-years-old colts, one tliree-years-old colt, one bay mare and colt, seven cows, one hundred and thirty-one sheep and forty-four this spring lambs, six oxen, one two-years-old stag, one dry cow, one three-years-old stud colt, three two-years-old cattle, which receipt runs to Daniel Emery, who attached said property on a suit…
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Assumpsit on an agreement in writing, signed by the defendant, which was as follows: “ Whereas, Chester Baxter has this day given a receipt for three two-years-old colts, one tliree-years-old colt, one bay mare and colt, seven cows, one hundred and thirty-one sheep and forty-four this spring lambs, six oxen, one two-years-old stag, one dry cow, one three-years-old stud colt, three two-years-old cattle, which receipt runs to Daniel Emery, who attached said property on a suit in favor of Judge Bartholomew of Washington vs. said Downer and Daniel Tarbell, jr., now I hereby promise and agree with…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, Ch. J.
The question in this case is whether the *415contract of indemnity sued upon was - cancelled by the contract at the time the plaintiff gave his note for the receipt and took it up and surrendered it to the defendant. It is admitted that the contract sued upon is broad enough to cover the claim made in the action, if the note given by plaintiff had been given in order to relieve himself from the receipt, on the claim of the creditor, and without any new contract with the defendant.
But it seems to us that this new contract, if it is a binding…
2Cases cited4 opinions
- Irish v. Clayes & MorseSupreme Court of Vermont · 1838
- Edgell v. StanfordSupreme Court of Vermont · 1834
- Reynolds v. FrenchSupreme Court of Vermont · 1836
- Richards, Truesdale & Co. v. HuntSupreme Court of Vermont · 1834
3Cited by1 opinion
- Brown v. CurtisSupreme Court of Iowa · 1900