First National Bank v. Bertoli
Supreme Court of Vermont
Assumpsit. Plea, the general issue. Trial by jury at the March Term, 1913, Washington County, Fish, J., presiding. Verdict directed for. the plaintiff, and judgment thereon. The defendant excepted. The opinion states the case. Whether a transaction between a married woman and her husband’s creditor is one of suretyship is to be determined, not from the form of the contract nor from its basis, but by its real purpose and effect.
Read the full summary
Assumpsit. Plea, the general issue. Trial by jury at the March Term, 1913, Washington County, Fish, J., presiding. Verdict directed for. the plaintiff, and judgment thereon. The defendant excepted. The opinion states the case. Whether a transaction between a married woman and her husband’s creditor is one of suretyship is to be determined, not from the form of the contract nor from its basis, but by its real purpose and effect. Field v. Campbell, 164 Ind. 389; Field v. Noblett, 154 Ind. 357; Harbaugh v. Tanner, 163 Ind. 574; Webb v. John Hancock Mut. Life Ins. Co., 162 Ind. 616; Long v.…
1Opinion of the CourtTaylor, J.
The. action is general and special assumpsit to recover on a note signed by the defendant and payable to the plaintiff. There was trial by jury and verdict directed for the plaintiff for the amount of the note with interest.
The defendant was the wife of the late Harry J. Bertoli. They had lived together as husband and wife for more than twenty years prior to his death on March 22,-1911. Mr. Bertoli was a granite manufacturer in the city of Montpelier. He had done business at the plaintiff bank for more than fifteen years *300prior to his death. .On. September 11, 1908, he had paper which the…
2Cases cited35 opinions
- Johnson v. Leffler Co.Supreme Court of Georgia · 1905
- Slack v. BraggSupreme Court of Vermont · 1910
- State v. HowardSupreme Court of Vermont · 1909
- Tyler v. AndersonIndiana Supreme Court · 1886
- Field v. CampbellIndiana Supreme Court · 1904
30 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Hendrickson v. International Harvester Co. of AmericaSupreme Court of Vermont · 1927
- Conn Boston Co. v. GriswoldSupreme Court of Vermont · 1931
- Rose v. MorrellSupreme Court of Vermont · 1969
- Server v. LangSupreme Court of Vermont · 1918
- R. & E. BUILDERS, INC. v. ChandlerSupreme Court of Vermont · 1984
12 more not listed; retrieve them via the Exa API.