Russell v. Buck
Supreme Court of Vermont
This was an action of assumpsit. The declaration contained two counts. The instrument declared upon was without date, and is recited in the second count.
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This was an action of assumpsit. The declaration contained two counts. The instrument declared upon was without date, and is recited in the second count. The first count was as follows; For that whereas, heretofore, to wit, on the 26th day of June 1828, Amasa Gibson and Reuben C. Gibson made, executed and delivered to Buck & Bailey and Eland & Kenyon their joint and several promissory note for $1915,13, payable in one year from the date aforesaid, with interest, at the Farmers’ Bank, and expressed to be for value received, which said note, on the day and year last aforesaid, was indorsed and…
1Opinion of the CourtCollamer, J.
The defendant, with his partner, was an indorser of a note of which the plaintiff was indorsee, and; as the declaration alleges, was liable for the debt; and at some period, either before or after the note became due, the defendant executed to the plaintiff the paper now in question. And the inquiry is, what is the legal effect of that paper ?
It is to be borne in mind that this is not an action against the defendant as indorser. Had it been so, there probably would have been little difficulty with the case. This writing would have been evidence in confirmation of the defendant’s liability. If…
2Cited by12 opinions
- Eddy v. RobertsIllinois Supreme Court · 1856
- State ex rel. State Bank v. HastingsWisconsin Supreme Court · 1862
- Bank of Carrollton, Miss. v. LattingSupreme Court of Oklahoma · 1913
- Cole v. ShurtleffSupreme Court of Vermont · 1868
- Bedford's Exr. v. ChandlerSupreme Court of Vermont · 1908
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