Moore v. Campbell
Supreme Court of Vermont
This was an action on a replevin bond. Judgment was rendered for tbe plaintiff at the January Term, Orange County Court, 1859, and the suit continued for the assessment of damages, and at the June Term, 1859, Aldis, J., presiding, there was a trial by jury on the assessment of damages. The jury returned a verdict for the plaintiff for the sum of $804.00, damages and costs, — exceptions by the defendants. The case is sufficiently stated in the opinion of the court.
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This was an action on a replevin bond. Judgment was rendered for tbe plaintiff at the January Term, Orange County Court, 1859, and the suit continued for the assessment of damages, and at the June Term, 1859, Aldis, J., presiding, there was a trial by jury on the assessment of damages. The jury returned a verdict for the plaintiff for the sum of $804.00, damages and costs, — exceptions by the defendants. The case is sufficiently stated in the opinion of the court. It is well settled that the payment of a debt by a person liable to its payment, discharges the debt against all the debtors.…
1Opinion of the CourtPierpoint, J.
It appears from the exceptions that in 1853, the Woodstock Bank recovered a judgment against Daniel Tarbell and Solomon Downer ; that in the debt on which that judgment was obtained, Tarbell was the principal and Downer his surity; .that in May, 1854, the bank took out an execution on that judgment, and the same was put into the hands .of the plaintiff, Moore, as an officer to collect. This execution, by the direction, and for the benefit of said Downer, whom the bank permitted to control the execution for the purpose, was levied upon *363the property of said Tarbell. Campbell, one of the…
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