Peake v. Estate of Dorwin
Supreme Court of Vermont
Appeal from tlie decision of commissioners, appointed by the probate court, to settle and adjust claims against the estate of Lyman Dorwin, deceased, in disallowing the plaintiff’s claim on a certain note, of which the following is a copy: “IIinbsburgh, Nov. 22, 1845. “ One year from date, for value received, we jointly and sever- “ ally promise to pay John A. Place, or order, eight hundred dol- “ lars, with interest annually.”
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Appeal from tlie decision of commissioners, appointed by the probate court, to settle and adjust claims against the estate of Lyman Dorwin, deceased, in disallowing the plaintiff’s claim on a certain note, of which the following is a copy: “IIinbsburgh, Nov. 22, 1845. “ One year from date, for value received, we jointly and sever- “ ally promise to pay John A. Place, or order, eight hundred dol- “ lars, with interest annually.” (Signed) “ B. & IL BOYNTON, “ JEDEDIAH BOYNTON, “LYMAN DOKWIN.” (Indorsed) “John A. Place.” Plea, general issue, and trial by jury. The plaintiff offered in evidence…
1Opinion of the Court
The opinion of the court was delivered by
Isham, J.
The note in this case, was at first executed by B. & *31H. Boynton, as principals, and Jedediali Boynton, as surety, payable in one year, to John A. Place. The object of its execution, was to raise money thereon, from the plaintiff, for the ultimate benefit of B. & H. Boynton. The note, thus signed, was refused by the plaintiff, but he agreed to advance the money thereon, if William Dorwin, the intestate, would also become obligated for its payment. At the solicitation of Mr. Place, Dorwin signed the note, as joint maker, without the knowledge of…
2Cited by10 opinions
- State v. SorrentinoWyoming Supreme Court · 1924
- Neely v. JonesWest Virginia Supreme Court · 1880
- Howell v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1934
- Clifford v. West Hartford Creamery Co.Supreme Court of Vermont · 1931
- State v. SorrentinoWyoming Supreme Court · 1927
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