Harding v. Cragie
Supreme Court of Vermont
This was an action of assumpsit, in three counts, — the first of which was as follows : “•To answer to John Harding, in a plea of the case, for that heretofore, to wit, on the 27th day of June, 1833, in consideration that the plaintiff had before that time, on the 4th day of May, 1833, made, executed and delivered to one Luther B. Hunt, jointly and severally with one Silas Lamb and Philander Reed, a certain promissory note, dated the day and year last aforesaid, for the sum…
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This was an action of assumpsit, in three counts, — the first of which was as follows : “•To answer to John Harding, in a plea of the case, for that heretofore, to wit, on the 27th day of June, 1833, in consideration that the plaintiff had before that time, on the 4th day of May, 1833, made, executed and delivered to one Luther B. Hunt, jointly and severally with one Silas Lamb and Philander Reed, a certain promissory note, dated the day and year last aforesaid, for the sum of one hundred dollars, payable to the said Hunt or order, on demand with interest, — he the said James Cragie, by 1ns…
1Opinion of the Court
*508The opinion of the court was delivered by r
Coljúamer, J.
„ .... The first question in this case arises on the admission of the testimony of Lamb. It seems no dispute existed ¡n elation to the signature of Lamb, nor any that Lamb and Reed were the persons for whose benefit the note was given to Hunt. It therefore appears, that Lamb was equally bound to indemnify both the plaintiff and defendant, and his interest seems, therefore, to have been balanced. As to the subject matter of his testimony, it was to dispense with calling the subscribing witness. It is undoubtedly true, that when the fact…
2Cited by9 opinions
- Baker v. Sherman & MillerSupreme Court of Vermont · 1901
- State v. FreemanSupreme Court of Vermont · 1891
- Chandler v. ChandlerSupreme Court of Alabama · 1920
- Curtis v. BurdickSupreme Court of Vermont · 1876
- Rix v. AdamsSupreme Court of Vermont · 1837
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