Burton v. Blin
Supreme Court of Vermont
Assumpsit upon two promissory notes, for $300,00 each, dated August 21, 1848, signed by Blin & Barstow and by the defendant, and by which they became, in terms, jointly and severally liable, and made payable to the plaintiff, one in six months, and the other in one year, from date, with interest. Plea, the general issue, and trial by jury, September Term, 1850, — Bennett, J., presiding.
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Assumpsit upon two promissory notes, for $300,00 each, dated August 21, 1848, signed by Blin & Barstow and by the defendant, and by which they became, in terms, jointly and severally liable, and made payable to the plaintiff, one in six months, and the other in one year, from date, with interest. Plea, the general issue, and trial by jury, September Term, 1850, — Bennett, J., presiding. On trial, the plaintiff having given in evidence the notes declared upon, the defendant gave evidence tending to prove, that the defendant was surety upon the notes, and that Almon Blin and Barstow, who…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
The testimony on the part of the defendant, as stated in the bill of exceptions, is, that the note was executed by the *158defendant, as surety for Blin & Barstow, under an agreement between the plaintiff, the defendant and the principals, that the only consideration for the note was whatever balance there was then due to the plaintiff individually, and that, on a farther adjustment of the dealings, the note was to stand good for the amount of this indebtedness.
The plaintiff, soon after the making of the contract between Nichols, Burton & Co.…
2Cited by3 opinions
- Brigham v. DanaSupreme Court of Vermont · 1856
- McKenzie v. Oregon Improvement Co.Washington Supreme Court · 1892
- Strong v. Grand Trunk R. R.Michigan Supreme Court · 1867