Crampton v. Administrator of Ballard
Supreme Court of Vermont
This was an action of assumpsit, on a written contract made by defendant’s intestate with William Vaughan & .son, in consideration of $300, received of said Vaughans, “to pay “ that amount to the indorsee of a note that William Vaughan “ & son owe Edward Dyer, now in suit against Eliada “ Crampton, and I also agree to and with William Vaughan “ & son, to indemnify Elias Salisbury and Eliada Crampton “ against all harm and damages, that have arisen, and also, Cl whatever…
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This was an action of assumpsit, on a written contract made by defendant’s intestate with William Vaughan & .son, in consideration of $300, received of said Vaughans, “to pay “ that amount to the indorsee of a note that William Vaughan “ & son owe Edward Dyer, now in suit against Eliada “ Crampton, and I also agree to and with William Vaughan “ & son, to indemnify Elias Salisbury and Eliada Crampton “ against all harm and damages, that have arisen, and also, Cl whatever shall arise hereafter, in point of damages to be “ paid to the said Edward Dyer.” The note mentioned in said contract was…
1Opinion of the Court
The opinion of the Court was delivered by
■In this case, the defendant acknowledges the receipt of §300,00, which he promises to pay over to the indorsers Of the note to Dyer, i. e. to plaintiff, and Salisbury as it is agreed, and in addition to this, he promises to indemnify, and save them harmless from all loss, cost or damage in the premises.
Redeield, J
There is no controversy about the three hundred dollars. That has been paid according to the contract. But it is contended, that so far as the contract was special, i. e. extended beyond the simple payment of the money, no action could be…
2Cited by8 opinions
- Phelps, Dodge & Co. v. C. B. Conant & Co.Supreme Court of Vermont · 1858
- Fairchild v. North-Eastern Mutual Life Ass'nSupreme Court of Vermont · 1879
- Fugure v. Mutual Society of St. JosephSupreme Court of Vermont · 1874
- Hall v. HuntoonSupreme Court of Vermont · 1845
- Bradley v. ArnoldSupreme Court of Vermont · 1844
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