Briggs v. Boyd
Supreme Court of Vermont
Assumpsit for money had and* received, money lent and advanced, money paid, and on an account stated. Pleas, the general issue, and the statute of limitations. Replication, traversing the latter plea. Trial by the court, by the consent of the parties, March Term, 1864, Kellogg, J., presiding.
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Assumpsit for money had and* received, money lent and advanced, money paid, and on an account stated. Pleas, the general issue, and the statute of limitations. Replication, traversing the latter plea. Trial by the court, by the consent of the parties, March Term, 1864, Kellogg, J., presiding. On trial, the plaintiff introduced and read as evidence a certain promissory note for seven hundred dollars, dated at Whitehall, New York, on the 28th January, 1852, and jointly and severally executed and made payable to the order of A. W. Hyde, at the Bank of Orwell, in this state, in three months from…
1Opinion of the CourtAldis, J.
1. Numerous decisions in this state have settled the point, that it is not a defence to the note for Boyd as surety, that the principal got it discounted by Austin instead of by the Bank of Orwell, as he had agreed with Boyd that he would. Bank of Newbury v. Richards, 35 Vt. 281; Bank of Middlebury v. Bingham, 38 Vt. 621.
2. Hyde did not sign the note as surety with Briggs and Boyd. The note was payable to Hyde or order, and they signed it as sure*539ties with. Resseguie, knowing that Hyde was only to indorse it — not to sign it with them. The form of the' contract plainly shows the intent of the…
2Cases cited8 opinions
- Fletcher v. JacksonSupreme Court of Vermont · 1851
- Devine v. RandSupreme Court of Vermont · 1866
- Kelly v. PemberSupreme Court of Vermont · 1862
- Davis v. EmersonSupreme Judicial Court of Maine · 1840
- Bank of Newbury v. RichardsSupreme Court of Vermont · 1862
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3Cited by5 opinions
- Knopf v. MorelIndiana Supreme Court · 1887
- Hood v. MorganWest Virginia Supreme Court · 1900
- Hoyt v. McNallySupreme Court of Vermont · 1893
- Connor v. CraigMassachusetts Supreme Judicial Court · 1917
- Globe Indemnity Co. v. Ætna Casualty & Surety Co.Supreme Court of Louisiana · 1939