Bradley Fertilizer Co. v. Caswell
Supreme Court of Vermont
Assumpsit. Trial by jury at the December term, 1892, Tyler, J., presiding. Verdict and judgment for the plaintiff. The defendant, Agnes Ida Caswell, excepts. The action was brought to recover the amount of four promissory notes signed by the defendants, J. C. Caswell and Agnes Ida Caswell. The defendant, Agnes Ida, who alone defended the suit, filed a plea in bar setting forth that the notes were signed by her as surety for J. C. Caswell, who was her husband.
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Assumpsit. Trial by jury at the December term, 1892, Tyler, J., presiding. Verdict and judgment for the plaintiff. The defendant, Agnes Ida Caswell, excepts. The action was brought to recover the amount of four promissory notes signed by the defendants, J. C. Caswell and Agnes Ida Caswell. The defendant, Agnes Ida, who alone defended the suit, filed a plea in bar setting forth that the notes were signed by her as surety for J. C. Caswell, who was her husband. To this the plaintiff replied that the said J. C. Caswell was confined in jail upon a certified execution in its favor, and that these…
1Opinion of the CourtMunson, J.
It was not necessary for the defendant wife to bring herself within the rules by which the rights of sureties are ordinarily determined, as laid down in Arbuckle v. Templeton, 65 Vt. 205. It is always competent for a married woman who has signed a personal obligation with her husband to show that her relation to the obligation is that of a surety. A wife cannot become a surety for her husband’s debt except by way of mortgage, and the fact that the agreement by which she undertakes to do so is in writing cannot preclude her from taking advantage of this incapacity. Testimony offered by a…
2Cases cited3 opinions
- Arbuckle v. TempletonSupreme Court of Vermont · 1892
- Hackett v. HewittSupreme Court of Vermont · 1885
- French v. SteeleSupreme Court of Vermont · 1842
3Cited by9 opinions
- Trow v. ThomasSupreme Court of Vermont · 1898
- First National Bank v. BertoliSupreme Court of Vermont · 1914
- Davis v. StreeterSupreme Court of Vermont · 1903
- Wetmore & Morse Granite Co. v. RyleSupreme Court of Vermont · 1919
- McNamara v. Pickett Et Ux.Supreme Court of Vermont · 1938
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