Legal Opinion

Administrator of Wilson v. Green

Supreme Court of Vermont

Decided April 15, 1853PublishedCited by 12 opinions

Assumpsit, on a promissory note, dated the fifth day of November, A. D. 1840, payable the first day of December, 1847, without interest, for the sum of $200. Plea, the general issue, and trial by jury. On trial, the plaintiff introduced, as a witness, one Joseph Moody, who testified that he had so'me knowledge of Albert G. Green’s buying a farm of the plaintiff, at the price of $1,200 ; said Albert G. told him this, and that he gave notes, without interest.

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Assumpsit, on a promissory note, dated the fifth day of November, A. D. 1840, payable the first day of December, 1847, without interest, for the sum of $200. Plea, the general issue, and trial by jury. On trial, the plaintiff introduced, as a witness, one Joseph Moody, who testified that he had so'me knowledge of Albert G. Green’s buying a farm of the plaintiff, at the price of $1,200 ; said Albert G. told him this, and that he gave notes, without interest. One of the $200 notes came into witness’s hands, and also one $150, and witness understood there were three $200, and that said Albert G.…

1Opinion of the Court

The opinion of the court was delivered by

Redfield, Ch. J.

The first question made in the case, is in regard to the admissions of the principal debtor being treated as evidence against the other defendants, who were in fact mere sureties. This point was virtually decided in Joslyn v. Smith, 13 Vt. 353. For if admissions, by way of payments, made by the principal, are good to bind the surety, in regard to the statute of limitations, they must be good in other forms equally, and in regard to other points, as it seems to us. And the admissions were equally in regard to the matter of payment of the…

2Cases cited3 opinions

  1. Joslyn v. SmithSupreme Court of Vermont · 1841
  2. Bull v. AllenSupreme Court of Connecticut · 1848
  3. Gordon v. M'CartySupreme Court of Pennsylvania · 1838

3Cited by12 opinions

  1. Wells v. Western Union Telegraph Co.Supreme Court of Iowa · 1909
  2. Western Union Telegraph Co. v. SchriverCourt of Appeals for the Eighth Circuit · 1905
  3. Wichita Falls Compress v. W. L. MoodyCourt of Appeals of Texas · 1913
  4. Mapes v. FosterWyoming Supreme Court · 1928
  5. Arbuckle v. TempletonSupreme Court of Vermont · 1892

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