Legal Opinion

Norton v. Hall

Supreme Court of Vermont

Decided November 15, 1868PublishedCited by 4 opinions

General Assumpsit. The defendant pleaded the general issue and statute of limitations. The plaintiff replied to the special plea that the cause of action did accrue within six years.

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General Assumpsit. The defendant pleaded the general issue and statute of limitations. The plaintiff replied to the special plea that the cause of action did accrue within six years. The writ is dated September 29, 1866, and was served October 21, 1866. Trial by the court, August term, Caledonia county, 1868, Steele, J., presiding. . The plaintiff introduced in evidence a note, of which the fol-loAving is a copy: “ Concord, July 2, 1855. “ For value received, I promise to pay Ira Foster or his order, one thousand dollars, the first day of December next, at the Mechanics’ Bank, $1000. (Signed)…

1Opinion of the Court

The opinion of the court was delivered by

WilsoN, J.

This is an action of assumpsit, by which .the plaintiff seeks to recover for money paid by him to the Mechanics’ Bank, Concord, N. H., on the defendant’s note, on which the plaintiff says he was liable as suretjr for the defendant. The defendant pleaded the general issue and the statute of limitations. The plaintiff replied to the plea of the statute of limitations, that the cause of action did accrue within six years.

I. The defendant claims that the liability of the plaintiff on the note was not that of surety, but that he was liable as…

2Cases cited2 opinions

  1. Bishop v. DaySupreme Court of Vermont · 1841
  2. Executors of Baker v. MarshallSupreme Court of Vermont · 1844

3Cited by4 opinions

  1. Blanchard v. . BlanchardNew York Court of Appeals · 1911
  2. Blanchard v. BlanchardNew York Supreme Court · 1908
  3. Godfrey v. RiceSupreme Judicial Court of Maine · 1871
  4. Henderson v. LockeTennessee Supreme Court · 1925

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