Dixon v. Dixon
Supreme Court of Vermont
Assumpsit upon a joint and several promissory note, signed by the defendants, and payable to the plaintiff or bearer in one year from date, with interest.
Read the full summary
Assumpsit upon a joint and several promissory note, signed by the defendants, and payable to the plaintiff or bearer in one year from date, with interest. None of the defendants made any defence except Adams, who pleaded the general issue and a special plea in bar, setting forth that he signed the note in question as surety for and at the request of the other defendants, upon the express condition and promise between them, that before the note should be delivered to the plaintiff, Jed P. Clark or Daniel H, Onion should be procured by the other defendants to sign it as co-surety with him ;…
1Opinion of the CourtBarrett, J.
This is an action upon a joint and several promissory note, payable to the plaintiff or bearer, in one year, with interest, and executed by the defendants.
The verdict, under the charge, finds that the note was delivered to the plaintiff in payment of another note which she then held, *455and which was executed by all the present defendants except Adams, who 'alone is defending this suit.
He is defending on the alleged ground that he signed as surety for the other makers of the note, but received no consideration for so doing; that at the time of signing it was agreed that before the note should be…
2Cited by10 opinions
- Howard National Bank v. WilsonSupreme Court of Vermont · 1923
- Bank of Commerce & Savings v. RandellNebraska Supreme Court · 1921
- Hancock v. Empire Cotton Oil Co.Court of Appeals of Georgia · 1915
- Wolinsky v. Bradford National Bank (In Re McQueen)United States Bankruptcy Court, D. Vermont · 1983
- York County M. F. Ins. v. BrooksSupreme Judicial Court of Maine · 1863
5 more not listed; retrieve them via the Exa API.