Robinson v. Larabee
Supreme Court of Vermont
Assumpsit to recover the amount of a promissory note. Judgment entered by default against defendant G. W. Larabee. H. A. Larabee pleaded the general issue, Statute of Limitations, and special matter under notice. Trial by jury, May Term, 1886, Ross, J., presiding. As neither party claimed that there was any question for the jury, the court upon the testimony directed a verdict for the -plaintiff.
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Assumpsit to recover the amount of a promissory note. Judgment entered by default against defendant G. W. Larabee. H. A. Larabee pleaded the general issue, Statute of Limitations, and special matter under notice. Trial by jury, May Term, 1886, Ross, J., presiding. As neither party claimed that there was any question for the jury, the court upon the testimony directed a verdict for the -plaintiff. Mr. Crane testified to bringing the petition for Larabee that he might be declared a bankrupt; to his being in due course adjudged a bankrupt, and the appointment of said Robinson as assignee; to the…
1Opinion of the Court
The opinion of the court was delivered by
Rowell, J.
' The only question raised at the trial below was as to the Statute of Limitations, the plaintiffs conceding that the note was barred as to the defendant H. A. Larabee — who alone defends — unless saved by a payment thereon by him, made under a composition in bankruptcy with his creditors, or by his guaranty thereof, given in the circumstances disclosed by Mr. Crane’s testimony.
The action is not brought upon the guaranty, as claimed *654by defendant, but upon the note itself; and as only the guaranty is now relied upon to remove the statutory…
2Cases cited2 opinions
- Farmers & Mechanics v. FlintSupreme Court of Vermont · 1845
- Davis v. Town of St. AlbansSupreme Court of Vermont · 1870
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- Woodsville Guaranty Savings Bank v. RogersSupreme Court of Vermont · 1909
- Lowe v. Vermont Savings BankSupreme Court of Vermont · 1916
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