Crane v. Stickles
Supreme Court of Vermont
Assumpsit against the principal debtor, on a joint and several note for $65, dated January 5, 1840, and payable January 1, 1841, signed by the said principal debtor, and one Marcus C. Woodworth.
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Assumpsit against the principal debtor, on a joint and several note for $65, dated January 5, 1840, and payable January 1, 1841, signed by the said principal debtor, and one Marcus C. Woodworth. The action was commenced at the June term, 1841, of Addison county court, when the trustees appeared and severally disclosed that they had not any goods chattels, rights or credits, of the said Miriam Stickles, in their hands or possession ; that the said Miriam was sister to the said Luther Fer-re, and aunt of said Joseph K. Ferre ; that she was an aged woman, in feeble health and unable to labor for…
1Opinion of the Court
The opinion of the court was delivered by
Hebard, J.
This was an action upon a promissory note, against the defendant, and one Woodworth, for whom the defendant signed as surety. The defendant contends that the plaintiff, is not entitled to judgment against her, she being surety, for two reasons.
1. Because the said Woodworth had put certain securities into plaintiff’s hands, of which he has not availed himself.
2. Because, after the note became due, the plaintiff was shown personal property belonging to Woodworth, that he might have attached.
In relation to the first, it is enough, perhaps, to…
2Cited by23 opinions
- Bank of Versailles v. GuthreySupreme Court of Missouri · 1895
- Unsecured Creditors Committee of Debtor v. Noyes (In Re STN Enterprises, Inc.)United States Bankruptcy Court, D. Vermont · 1987
- Whitehouse v. American Surety Co.Supreme Court of Iowa · 1902
- Kelsey v. KelleySupreme Court of Vermont · 1890
- Jones v. SpearSupreme Court of Vermont · 1849
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