Peck v. Barney
Supreme Court of Vermont
This was an action of assumpsit upon the following written guaranty: “Whereas, John Peck, of Burlington, in the county of “ Chittenden, holds the following claims against Horatio B. “ Barney, of Jerico, in said county, to wit: a note dated 13th “ May, 1830, for forty three dollars and thirty two cents, pay- “ able to said Peck or order on demand, with interest; ano- “ ther note, dated 24th June, 1831, for twenty six dollars and “ two cents, payable to said Peck or order, on…
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This was an action of assumpsit upon the following written guaranty: “Whereas, John Peck, of Burlington, in the county of “ Chittenden, holds the following claims against Horatio B. “ Barney, of Jerico, in said county, to wit: a note dated 13th “ May, 1830, for forty three dollars and thirty two cents, pay- “ able to said Peck or order on demand, with interest; ano- “ ther note, dated 24th June, 1831, for twenty six dollars and “ two cents, payable to said Peck or order, on demand and “ interest; also, a judgment founded on another note, dat- “ ed 2d September, 1829, for sixty dollars and…
1Opinion of the Court
The opinion of the court was delivered by
Collamer, J.
—The guaranty executed by the defendant was, as against him, evidence of all the facts therein stated. It showed that the plaintiff, at the date of the guaranty had two notes against Horatio, and also a judgment, on which execution had issued, which was then in the officer’s hands. In an action on the guaranty, these facts required no further proof. But the writing did not tend to show that the notes or execution remained unpaid at the commencement of this action. Had not the plaintiff pro'ducfed the notes, it would have been presumed they…
2Cited by2 opinions
- Tarbell v. DownerSupreme Court of Vermont · 1857
- Thatcher v. LyonsSupreme Court of Vermont · 1898