Legal Opinion

Whipple v. Briggs

Supreme Court of Vermont

Decided January 15, 1858Published

Assumpsit for money paid. Plea, the general issue, and trial by jury, at the November Term, 1857, — Bennett, J., presiding. This action was brought at the March Term, 1853, and on this trial it appeared that in 1851, the plaintiffs were severally sureties for the defendant upon two notes to the Bank of Montpelier, amounting to three hundred and seventy-five dollars, and one to the Farmers’ and Mechanics’ Bank, in Burlington, for five hundred dollars.

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Assumpsit for money paid. Plea, the general issue, and trial by jury, at the November Term, 1857, — Bennett, J., presiding. This action was brought at the March Term, 1853, and on this trial it appeared that in 1851, the plaintiffs were severally sureties for the defendant upon two notes to the Bank of Montpelier, amounting to three hundred and seventy-five dollars, and one to the Farmers’ and Mechanics’ Bank, in Burlington, for five hundred dollars. The notes at the Bank of Montpelier were paid by the plaintiffs out of the proceeds of the plaintiffs’ note, with one Gleason as surety, which…

1Opinion of the Court

The opinion of the court was delivered hy

Barrett, J.

This case, when before this court at a former term (see 28 Vt. 65), showed that the plaintiffs had become co-sureties for the defendant on the two notes, for the payment of which this suit was brought, and as such sureties, they had jointly paid about seven hundred and fifty dollars, exclusive of interest; that they had also become, and were co-sureties for the defendant, on a note to John Morse, for one hundred and seventy-five dollars; that Jones alone had become, and was surety for the defendant on a note for five hundred dollars, to the…

2Cases cited1 opinion

  1. Whipple v. BriggsSupreme Court of Vermont · 1855

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