Bull v. Bliss
Supreme Court of Vermont
Assumpsit upon a guaranty indorsed upon a note for three hundred dollars, signed by one Erastus Bliss, dated October 25, 1849, and payable to the defendant or bearer on demand, with interest. The guaranty was executed by the defendant about the 11th of January, 1850, upon the transfer of the note from him to the plaintiff, and was as follows: “ I warrant this note good and collectible for two years from date.”
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Assumpsit upon a guaranty indorsed upon a note for three hundred dollars, signed by one Erastus Bliss, dated October 25, 1849, and payable to the defendant or bearer on demand, with interest. The guaranty was executed by the defendant about the 11th of January, 1850, upon the transfer of the note from him to the plaintiff, and was as follows: “ I warrant this note good and collectible for two years from date.” Plea, the general issue, and trial by jury, at the June Term, 1856, — Peck, J., presiding. The plaintiff’s testimony tended to show that in September, 1851, Erastus Bliss became utterly…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
The language of this guaranty is, “I warrant this note good and collectible for two years from date,” and the case shows that it was given on or about the 11th of January, 1850.
It is claimed by the defendant’s counsel that this contract, by its very terms, implies a condition that the person taking it shall use all reasonable diligence to collect the note of the maker within a reasonable time after the note was passed from the defendant to the plaintiff, and that it must be fully tested whether the note was collectible or not within the two…
2Cases cited2 opinions
- Wheeler v. LewisSupreme Court of Vermont · 1839
- Hammond v. ChamberlinSupreme Court of Vermont · 1854
3Cited by5 opinions
- Allen v. RundleSupreme Court of Connecticut · 1882
- Bosman v. AkeleyMichigan Supreme Court · 1878
- Brackett v. RichSupreme Court of Minnesota · 1877
- Clark v. H. Hackfeld & Co.Hawaii Supreme Court · 1904
- Beitler v. RudkinSupreme Court of Connecticut · 1926