Keith v. Goodwin
Supreme Court of Vermont
Assumpsit upon a promissory note of the following tenor: “ $300. Montpelier, September 3, 1850. Two years from date we jointly and severally promise to pay the Vermont Bank, or order, three hundred dollars, with interest (Signed) annually, for value received. Gilman B. Dodge, V. B. Burris, Major L. Goodwin, Benjamin F. Burris, Wm. Dodge, Wm. H. Parker, Benjamin Burris, upon which note was the following guaranty: “For value received we guaranty the payment of the above note.
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Assumpsit upon a promissory note of the following tenor: “ $300. Montpelier, September 3, 1850. Two years from date we jointly and severally promise to pay the Vermont Bank, or order, three hundred dollars, with interest (Signed) annually, for value received. Gilman B. Dodge, V. B. Burris, Major L. Goodwin, Benjamin F. Burris, Wm. Dodge, Wm. H. Parker, Benjamin Burris, upon which note was the following guaranty: “For value received we guaranty the payment of the above note. (Signed) Seymour Stone, E. S. Camp. S. V. Kimball, W. N. Peck, Eben Biokeord, Roswell R. Keith. The note was indorsed as…
1Opinion of the Court
Redeield, Ch. J.
The note in question was executed by the members of a partnership or joint stock company, and by this defendant as surety for them, by their procurement. One of the principals then procured the plaintiff and others to guaranty the payment of the note. The fact that the defendant was surety did. not appear upon the face of the note, nor was it known to the plaintiff at the time he made the guaranty. The note was made payable to the Vermont Bank, and was procured to be executed and the guaranty to be made, for the purpose of raising money upon it at that bank, it would seem.…
2Cases cited3 opinions
- Bank of Rutland v. BuckNew York Supreme Court · 1830
- Norton v. CoonsNew York Supreme Court · 1846
- Bank of Burlington v. BeachSupreme Court of Vermont · 1825
3Cited by17 opinions
- Bulkeley v. HouseSupreme Court of Connecticut · 1893
- Ward v. HackettSupreme Court of Minnesota · 1883
- Fry v. P. Bannon Sewer Pipe Co.Indiana Supreme Court · 1913
- Adams v. FlanaganSupreme Court of Vermont · 1863
- Evans v. Speer Hardware Co.Supreme Court of Arkansas · 1898
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