Lapham v. Barnes
Supreme Court of Vermont
This was an action of assumpsit for money paid,laid out and expended, to which the defendants pleaded non assumpsit. The facts appearing at the trial were, that in November, 1822, Joseph Burr loaned to Barnes, one of the defendants, the sum of $300, anc[ t00h a note for tiie same> signed by him, and also by Hitt, th® . ' . J J other defendant, payable in ninety days.
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This was an action of assumpsit for money paid,laid out and expended, to which the defendants pleaded non assumpsit. The facts appearing at the trial were, that in November, 1822, Joseph Burr loaned to Barnes, one of the defendants, the sum of $300, anc[ t00h a note for tiie same> signed by him, and also by Hitt, th® . ' . J J other defendant, payable in ninety days. In May, 1823, Mr. Burr, being dissatisfied with the security, called upon Barnes for a(Iditional security, and Barnes procured Lapham, the plaintiff, to give his security, by putting his signature to the note. On the face of the…
1Opinion of the CourtPrentiss, J.
delivered the opinion of the Court. — Whether the note, given by the plaintiff to Mr. Burr, was payment of the former debt, and created a cause of action in favor of the plaintiff, for so much money paid, laid out and expended, is the first question. By the common law, though it is otherwise in the civil law, the mere substitution of one simple contract in place of another, does not, while it remains unexecuted, operate as an extinguish-meet of the old debt; yet it seems that a promissory note, if it be received in satisfaction, will have that effect. (Barclay vs. Gooch, 2 Esp. Cas. 571, —…
2Cases cited1 opinion
- Sheehy v. Mandeville & JamessonSupreme Court of the United States · 1810
3Cited by13 opinions
- Chipman v. Morill & WebsterCalifornia Supreme Court · 1862
- Townsley v. Yellow Cab Co.Tennessee Supreme Court · 1921
- Norton v. CoonsNew York Supreme Court · 1846
- Monson v. DrakeleySupreme Court of Connecticut · 1873
- Roche v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1933
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