Roberts v. Griswold
Supreme Court of Vermont
Assumpsit upon a guaranty. The cause was referred, and the referee reported the following facts : The plaintiff’s claim was for services and disbursements as attorney and counsellor, in the defence of a suit in favor of one Sheldon against Daniel B. Griswold, brother of the defendant.
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Assumpsit upon a guaranty. The cause was referred, and the referee reported the following facts : The plaintiff’s claim was for services and disbursements as attorney and counsellor, in the defence of a suit in favor of one Sheldon against Daniel B. Griswold, brother of the defendant. The disbursements charged in the plaintiff’s accouut amounted to nine dollars and sixty-four cents, and consisted of cash paid the fees of the clerk of the court in respect to such suit during its pendency. The referee found that the plaintiff’s charges were for services actually rendered, and disbursements…
1Opinion of the CourtBarrett, J.
The defendant’s liability, which the plaintiff seeks to enforce in this suit, is claimed to be created by his letter of October 24th, 1855. The expression, constituting the alleged, guaranty, is the same as to the then past services of the plaintiff, as to services thereafter to be rendered by him in the suit of Sheldon v. Daniel B. Griswold. Hence, so far as the terms used are .concerned, the defendant nssumed the same liability for the *499past as for the future services of the plaintiff. Though it was urged before the referee, it is not claimed in the argument before this court, that the…
2Cases cited1 opinion
- Maynard v. BriggsSupreme Court of Vermont · 1853
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