Strong v. Wooster
Supreme Court of Vermont
This was an action of assumpsit on note. Plea, general issue to the court. On the trial, the following facts appeared: In September, 1831, one Joseph Gillman owned a certain lease-lot in Walden, of which James Bell held the lease to secure a debt of over one hundred dollars.
Read the full summary
This was an action of assumpsit on note. Plea, general issue to the court. On the trial, the following facts appeared: In September, 1831, one Joseph Gillman owned a certain lease-lot in Walden, of which James Bell held the lease to secure a debt of over one hundred dollars. By agreement with the plaintiffs, they took the lease to themselves to secure one ■hundred dollars which they paid said Bell, and at the same time agreed so to do if Gilman would procure a good note to secure them thirty-six dóllars rent, then due on said land, which they must pay to hold the same. And Gilman procured the…
1Opinion of the Court
The opinion of the court was delivered by
Williams, Ch. J.
— It appears in this case, that one Gilman was indebted to Mr. Bell in the sum of one hundred dollars, for which Mr. Bell held a certain lease as security, that Gilman owed on the lease thirty-six dollars back rent. To render tin's lease available, as a security for the one hundred dollars, Mr. Bell must have paid the rents due thereon; when he paid it, his debt would have been increased to one hundred and thirty-six dollars, and the lease would have been in his hands, security therefor. The plaintiffs undertook to pay the one hundred…
2Cited by2 opinions
- Mitchell v. RobertsUnited States Circuit Court · 1883
- Royce v. HurdSupreme Court of Vermont · 1852