Spencer v. Dearth
Supreme Court of Vermont
This was an action of trover for a joint and several promissory note, given for $35.00, dated November 7, 1856, signed by the plaintiffs, and payable to the defendant. Plea, the general issue, and trial by jury, March term, 1867, Prout, J., presiding.
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This was an action of trover for a joint and several promissory note, given for $35.00, dated November 7, 1856, signed by the plaintiffs, and payable to the defendant. Plea, the general issue, and trial by jury, March term, 1867, Prout, J., presiding. On the trial, it appeared from the plaintiffs’ testimony that the note in controversy was given for a colt, which the plaintiff, Hiram M. Dearth, purchased of the defendant, bis failer, and that the plaintiff, Spencer, signed it as surety, at the request of the defendant; that soon after the execution of the note, the said Hiram M. Dearth went…
1Opinion of the Court
The opinion of the court was delivered by
Wilson, J.
This is an action of trover for a promissory note, dated November 7, 1856, signed by the plaintiffs, in and by which they jointly and severally promised to pay the defendant $35.00. The case states that the plaintiffs claimed, on the trial in the county court, and that it appeared from their testimony, that the note sued for was paid by the plaintiff, Dearth, to the defendant, by a note against one Holbrook; that the defendant agreed, at the time of the alleged payment, to deliver the note to the plaintiff, Spencer, and that some time after…
2Cases cited10 opinions
- Douglass v. HowlandNew York Supreme Court · 1840
- Drummond v. Executors of PrestmanSupreme Court of the United States · 1827
- Parkhurst v. SumnerSupreme Court of Vermont · 1851
- Evans v. CommonwealthSupreme Court of Pennsylvania · 1839
- Pierce v. GilsonSupreme Court of Vermont · 1837
5 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Doremus v. RootWashington Supreme Court · 1901
- Portland Gold Mining Co. v. Stratton's Independence, Ltd.Court of Appeals for the Eighth Circuit · 1907
- Giedrewicz v. DonovanMassachusetts Supreme Judicial Court · 1931
- Haverhill v. International Railway Co.Appellate Division of the Supreme Court of the State of New York · 1926
- Taylor v. SartoriousMissouri Court of Appeals · 1908
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