Partridge v. Davis
Supreme Court of Vermont
Assumpsit. The plaintiff declared against the defendant, in the first count, as indorser of a promissory note, averring demand of payment and notice of non-payment, in common form. In the second count the plaintiff described the same note, and declared against the defendant as guarantor, averring non-payment by either the maker, or the defendant. Plea, the general issue, and trial by the court, June Term, 1847, — Hall, J., presiding.
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Assumpsit. The plaintiff declared against the defendant, in the first count, as indorser of a promissory note, averring demand of payment and notice of non-payment, in common form. In the second count the plaintiff described the same note, and declared against the defendant as guarantor, averring non-payment by either the maker, or the defendant. Plea, the general issue, and trial by the court, June Term, 1847, — Hall, J., presiding. On trial the plaintiff gave in evidence a promissory note for seventy one dollars, signed by James Willis, dated November 27, 1841, and made payable to the…
1Opinion of the Court
The opinion of the court was delivered by
Davis, J.
The plaintiff, in his first count, seeks to charge the defendant as the indorser of Willis’ note, declaring in the usual form, and averring demand of payment of the maker and notice of dishonor. In the second count the defendant is sought to be charged as absolute guarantor of the note; and in this count the written contract on the back of the note relied upon is incorporated, bearing date about one month subsequent to the date of the note, and in these words, — “ I guarantee'the payment of the within note.” There *502is no allegation of any…
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