Wells v. Mace
Supreme Court of Vermont
Indebitatus Assumpsit, for money paid, laid out and expended by the plaintiff for the defendant at the defendant’s request. A case stated was submitted to the court, setting forth the following facts.
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Indebitatus Assumpsit, for money paid, laid out and expended by the plaintiff for the defendant at the defendant’s request. A case stated was submitted to the court, setting forth the following facts. On the ninth day of July, 1840, the plaintiff, as surety for the defendant, and at his request, signed with the plaintiff a note for $35,00 payable to Hiram Tracy, dr order, in four months from date, which note the plaintiff paid on the 12th day of July, 1841. On the 14th day of August, 1840, the plaintiff and defendant exe-' cuted a note, thereby jointly and severally promising to pay to…
1Opinion of the Court
The opinion of the court was delivered by
Hebard, J.
The plaintiff, as surety, on the 14th of August, 1840, signed a note with the defendant for $157.48, payable to Hutchins & Buchanan in one year, with interest. The defendant obtained his discharge and certificate in bankruptcy on the 22d day of March, 1843; and this note was paid by the plaintiff on the 6th day of March, 1844. The question is, whether the defendant is liable to the plaintiff for the money thus paid out after the discharge in bankruptcy.
The general rule and principle of law, in relation to this matter, is, that all debts,…
2Cited by6 opinions
- Beach v. BoyntonSupreme Court of Vermont · 1853
- First National Bank v. WoodSupreme Court of Vermont · 1881
- Jemison v. BlowersNew York Supreme Court · 1849
- French v. MorseMassachusetts Supreme Judicial Court · 1854
- Miner v. DownerSupreme Court of Vermont · 1848
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