Adams v. Flanagan
Supreme Court of Vermont
Assumpsit -upon, the common money counts. Plea, the general issue, and-trial by jury, April Term, 1862, Pieepoint, J., presiding. The plaintiff’s claim, was for contribution from the defendants, as co-sureties with him and Ovette Boynton for one Ed. Mills, upon the following promissory note : Hinesburgh, December 21, 1860. One month from date we jointly and severally promise to pay the Commercial Bank at their Bank in Burlington, three hundred dollars, value received. Ed.
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Assumpsit -upon, the common money counts. Plea, the general issue, and-trial by jury, April Term, 1862, Pieepoint, J., presiding. The plaintiff’s claim, was for contribution from the defendants, as co-sureties with him and Ovette Boynton for one Ed. Mills, upon the following promissory note : Hinesburgh, December 21, 1860. One month from date we jointly and severally promise to pay the Commercial Bank at their Bank in Burlington, three hundred dollars, value received. Ed. Mills, O. Boynton, William Adams, Surety, H. C. .& N. B. Flanagan, Surety, One-half of which note with certain costs…
1Opinion of the CourtAudis, J.
The court instructed the jury that upon the legal effect of the evidence the defendants were co-sureties with the plaintiff upon the note. We must assume therefore that whatever the defendants’ evidence tended to prove was proved. The defendants’ evidence tended to show, that the defendants refused to sign the note as co-sureties with the plaintiff and Boynton ; but at the request of Mills, the principal and the maker of the note, consented to sign it as sureties for Adams and Boynton after he and they had signed it; that upon this understanding *405Mills signed it and went to Adams and Boynton…
2Cases cited11 opinions
- Norton v. CoonsNew York Supreme Court · 1846
- Harris v. WarnerNew York Supreme Court · 1835
- Keith v. GoodwinSupreme Court of Vermont · 1858
- Robison v. LyleNew York Supreme Court · 1851
- Swift v. CobbSupreme Court of Vermont · 1838
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3Cited by12 opinions
- Houck v. GrahamIndiana Supreme Court · 1886
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- Rose v. WollenbergOregon Supreme Court · 1896
- Baldwin v. FlemingIndiana Supreme Court · 1883
- Williams v. . GlennSupreme Court of North Carolina · 1885
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