M. Noyes & Co. v. Nichols
Supreme Court of Vermont
Assumpsit upon two guaranties. The cause was, by the agreement of the parties, referred; and the referee reported a balance in favor of the plaintiffs of $1,005.77, including interest, together with the following facts found and decisions made by him.
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Assumpsit upon two guaranties. The cause was, by the agreement of the parties, referred; and the referee reported a balance in favor of the plaintiffs of $1,005.77, including interest, together with the following facts found and decisions made by him. The claims of the plaintiffs were founded upon two guaranties signed by the defendant, dated May 16, 1851, and June 17, 1852, and were for merchandise furnished T. W. R. Nichols, upon contracts signed by the plaintiffs and T. W. R. Nichols. The guaranties and contracts were as follows. “Burlington, May 16, 1851. “ Messrs. M. Noyes & Co.:…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
This is an action of assumpsit, founded upon two written guaranties, one bearing date the 16th of May, 1851, and the other the 17th day of June, 1852, copies of which are annexed' to the report of the referee, and may be referred to. It is found that the guaranties were duly executed, and delivered to, and accepted by the plaintiff's, and that the defendant had due notice of such acceptance ; that the contracts between the plaintiffs and the principal, set forth in the report, were made in reliance upon the defendants guaranties, and the…
2Cases cited12 opinions
- Douglass v. HowlandNew York Supreme Court · 1840
- Douglass and Others v. Reynolds and OthersSupreme Court of the United States · 1833
- Drummond v. Executors of PrestmanSupreme Court of the United States · 1827
- Lent v. PadelfordMassachusetts Supreme Judicial Court · 1813
- Breed v. HillhouseSupreme Court of Connecticut · 1829
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3Cited by17 opinions
- Cumberland Glass Manufacturing Co. v. WheatonMassachusetts Supreme Judicial Court · 1911
- Flagg v. EamesSupreme Court of Vermont · 1867
- Henderson v. MackCourt of Appeals of Kentucky · 1884
- Atkins v. BakerCourt of Appeals of Kentucky · 1902
- Roberts v. HawkinsMichigan Supreme Court · 1888
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