Stevens v. Gibson
Supreme Court of Vermont
Assumpsit in the common counts and a special count upon the promissory note herein copied. The defendant pleaded a special plea in bar, given below, to which the plaintiff demurred generally. Heard on demurrer at the June Term, 1896, Bennington County, Start J., presiding. Demurrer sustained and plea adjudged insufficient.
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Assumpsit in the common counts and a special count upon the promissory note herein copied. The defendant pleaded a special plea in bar, given below, to which the plaintiff demurred generally. Heard on demurrer at the June Term, 1896, Bennington County, Start J., presiding. Demurrer sustained and plea adjudged insufficient. The note reads as follows: “$500. Camden, N. Y., Oct. 27, 1893. One year after date I promise to pay to the order of Mrs. W. T. Stevens, Five Hundred Dollars, at Camden, N. Y. Value received, with interest. E. W. Gibson, A. L. Gibson, J. E. Gibson, R. F. Fargo.” Mrs. W. T.…
1Opinion of the CourtRowele, J.
The note in suit reads, “I promise to pay,” and is signed by four — two Gibsons other than the defendant, and Fargo. On the face of it the note is, in legal effect, joint and several, and the signers are makers. But the defendant seeks by his plea to stand as a conditional guarantor, damnified for want of notice of the principals’ default.
If the plea is construed to allege that the defendant signed the note without any consideration whatever, as he contends it should be, it is repugnant, as it also alleges that he signed it at the request of the plaintiff and the other Gibsons, “to guarantee,…
2Cases cited5 opinions
- Sylvester v. DownerSupreme Court of Vermont · 1848
- M. Noyes & Co. v. NicholsSupreme Court of Vermont · 1855
- Royce v. MaloneySupreme Court of Vermont · 1886
- Sanford v. NortonSupreme Court of Vermont · 1845
- Sandford v. NortonSupreme Court of Vermont · 1842
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