Arbuckle v. Templeton
Supreme Court of Vermont
General assumpsit. Plea, the general issue and statute of limitations. Trial by jury at the September term, Washington county, 1891, Start, J., presiding. Verdict and judgment for the plaintiff. The defendant excepts. The opinion sufficiently states the points raised and decided. General assumpsit will not lie against a surety. Lafham v. Briggs, 27 Vt. 26; Gurtis v. Smith, 48 Vt.' 116; Atistin v. Burlington, 34 Vt. 512. The endorsement was improperly sent to the jury.
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General assumpsit. Plea, the general issue and statute of limitations. Trial by jury at the September term, Washington county, 1891, Start, J., presiding. Verdict and judgment for the plaintiff. The defendant excepts. The opinion sufficiently states the points raised and decided. General assumpsit will not lie against a surety. Lafham v. Briggs, 27 Vt. 26; Gurtis v. Smith, 48 Vt.' 116; Atistin v. Burlington, 34 Vt. 512. The endorsement was improperly sent to the jury. Laf-ham v. Kelley, 35 Vt. 195 ; Barber, Admr., v. Bennett, 62 Vt. so. The omission of defendant to ask Mallory who furnished…
1Opinion of the Court
The opinion of the court was delivered by
ROWELL, J.
This is general assumpsit. Defendant and one Mallory signed a note to the plaintiff that reads, “For value received I promise to pay,” etc. This, in legal effect, is a joint and several note.
Plaintiff testified that the defendant did not want the money himself, but said he knew of a person who did want it, and .that she asked him if it was one with whom he would sign, and he' said it was, and that afterwards Mallory came to her house with the note, and she let him have the money. No claim was made that the defendant ever had any of the money.…
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