Turrill v. Boynton
Supreme Court of Vermont
Assumpsit upon a promissory note for $400,00, dated March 20, 1847, payable to the plaintiff, on demand, and signed by the defendants, and by Jedediah Boynton. Plea, the general issue, and trial by jury, March Term, 1850, — Bennett, J., presiding. On trial, the plaintiff gave in evidence the note declared upon.
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Assumpsit upon a promissory note for $400,00, dated March 20, 1847, payable to the plaintiff, on demand, and signed by the defendants, and by Jedediah Boynton. Plea, the general issue, and trial by jury, March Term, 1850, — Bennett, J., presiding. On trial, the plaintiff gave in evidence the note declared upon. The defendants H. C. & N. B. Flanagan claimed, that they were but sureties upon the note, and that they had been released from their liability by the act of the plaintiff; — Land the defendants gave evidence tending to prove, that, previous to the execution of this note, the plaintiff…
1Opinion of the Court
The opinion of the court was delivered by
Kellogg, J.
1. The first question presented by the bill of exceptions is, whether the agreement made by the plaintiff and the principals to the note, to extend the payment of the same, supposing it a valid agreement, founded upon sufficient considerations does in law discharge the sureties, — the agreement being made without the knowledge and consent of the sureties, and the note being at the time overdue.
That such an agreement, if made before the note comes to maturity, is sufficient to discharge the sureties, it is believed all the au*147thorities agree.…
2Cases cited3 opinions
- Miller v. McCanNew York Court of Chancery · 1839
- Austin v. DorwinSupreme Court of Vermont · 1848
- Vilas v. JonesNew York Court of Chancery · 1843
3Cited by5 opinions
- Dickerson v. Board of CommissionersIndiana Supreme Court · 1855
- Lemmon v. WhitmanIndiana Supreme Court · 1881
- Hamilton v. ProutyWisconsin Supreme Court · 1880
- Vary v. NortonU.S. Circuit Court for the District of Western Michigan · 1881
- Treat v. SmithSupreme Judicial Court of Maine · 1866