Morse v. Huntington
Supreme Court of Vermont
This was an action of assumpsit to recover against the defendant as second indorser to the plaintiff of three promissory notes, dated at Rockford, (Illinois,) July 19th, 1858, one for $2000., and two for $500. each, and all payable at Rockford three years from date, with interest at ten per cent, payable annually, executed by Paris Woolworth to the order of C. A. Huntington, and indorsed by C. A. Huntington, and then by the defendant.
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This was an action of assumpsit to recover against the defendant as second indorser to the plaintiff of three promissory notes, dated at Rockford, (Illinois,) July 19th, 1858, one for $2000., and two for $500. each, and all payable at Rockford three years from date, with interest at ten per cent, payable annually, executed by Paris Woolworth to the order of C. A. Huntington, and indorsed by C. A. Huntington, and then by the defendant. Trial by jury, at the September Term, 1866, Pierpoint, Ch. J., presiding. The plaintiff put in evidence, the notes, and gave evidence tending to prove due…
1Opinion of the Court
The opinion of the court was delivered by
Wilson, J.
This is an action of assumpsit to recover against the defendant as second indorser to the plaintiff of the three promissory notes mentioned in the plaintiff’s declaration. It appears that Woolworth and his wife, on the 22d day of July, 1861, after the notes became due, executed their mortgage deed to the plaintiff of certain real estate, as security for the payment of the notes in question. It is claimed, by the defendant, that he was discharged, as indorser, by an agreement made between the plaintiff and Woolworth, by the assent of C. A.…
2Cases cited2 opinions
- Viele v. HoagSupreme Court of Vermont · 1851
- Clark v. TaborSupreme Court of Vermont · 1856
3Cited by9 opinions
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- Boston National Bank v. JoseWashington Supreme Court · 1894
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