Hardwick Savings Bank & Trust Co. v. Drenan
Supreme Court of Vermont
Debt on bond. Plea, the general issue with notice. Trial by jury, Caledonia County, December Term, 1899, Watson, J., presiding. Yerdict and judgment for the plaintiff. The defendant excepted. George A. Beede and George A. Dow, as principals, and the defendant, B. P. Drenan, as surety, signed the instrument in question.
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Debt on bond. Plea, the general issue with notice. Trial by jury, Caledonia County, December Term, 1899, Watson, J., presiding. Yerdict and judgment for the plaintiff. The defendant excepted. George A. Beede and George A. Dow, as principals, and the defendant, B. P. Drenan, as surety, signed the instrument in question. In the body of the instrument when produced on trial, after the words describing the defendant as surety, were the words “ and one life insurance policy of George A. Dow.” It appeared that in the negotiations with respect to the bond and its acceptance, the plaintiff was…
1Opinion of the CourtStart, J.
The defendant signed the bond in suit as surety; and he claimed that it was agreed between him and the principals to the bond that the bond should not be used until it was signed by another surety, and that this agreement was known to the plaintiff. The defendant offered to show that, after the bond was accepted, and before the commencement of this suit, the plaintiff’s treasurer told the defendant’s attorney that the plaintiff took an assignment of a life insurance policy and a chattel mortgage in place of another signer upon the bond. The offer was excluded and the defendant excepted. In…
2Cases cited4 opinions
- Lyndon Mill Co. v. Lyndon Literary & Biblical InstitutionSupreme Court of Vermont · 1891
- Mason v. GraySupreme Court of Vermont · 1863
- Stannard v. Burns' Admr.Supreme Court of Vermont · 1891
- Tower v. Town of RutlandSupreme Court of Vermont · 1884
3Cited by6 opinions
- State v. LapanSupreme Court of Vermont · 1928
- Spinney's Administratrix v. HookerSupreme Court of Vermont · 1917
- Taplin v. MarcySupreme Court of Vermont · 1908
- Robins Mining Co. v. MurdockSupreme Court of Kansas · 1904
- Davis v. DunnSupreme Court of Vermont · 1916
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