Jackson v. Jackson
Supreme Court of Vermont
Assumpsit. The case was referred, and the referee reported the following facts: On November 26, 1856, the plaintiff, as surety for his brother the defendant, and at his request, signed a promissory note of that date for $1,000, payable to Horace H. Dyer, or order, in one year from date, with interest annually, it being then agreed among all the makers and the payee that ten per cent, annual interest should be paid on the note.
Read the full summary
Assumpsit. The case was referred, and the referee reported the following facts: On November 26, 1856, the plaintiff, as surety for his brother the defendant, and at his request, signed a promissory note of that date for $1,000, payable to Horace H. Dyer, or order, in one year from date, with interest annually, it being then agreed among all the makers and the payee that ten per cent, annual interest should be paid on the note. The defendant took the money for which the note was given and went to his home in California, where he remained until shortly before this action was brought. The…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
It is found by the referee that in 1856 the plaintiff signed for the defendant, as surety, a one thousand dollar note, payable in one year from its date, with the interest annually, and that at the time the money was obtained and the note given, it was “ agreed between all the makers and the payee, that ten per cent, annual interest should be paid on the note.” The defend*255ant had all the money on the note and took it with him to California. When the note became due, the defendant did not pay it as it was his duty to do, and the note was allowed…
2Cases cited3 opinions
- Thurston v. PrentissMichigan Supreme Court · 1849
- Ford v. KeithMassachusetts Supreme Judicial Court · 1804
- Hargraves v. LewisSupreme Court of Georgia · 1847
3Cited by4 opinions
- Jones v. MooreSupreme Court of Alabama · 1924
- Ricker v. ClarkSupreme Court of Vermont · 1881
- Smith v. LincolnSupreme Court of Vermont · 1882
- Blakeley v. AdamsCourt of Appeals of Kentucky · 1902