Lapham v. Barrett
Supreme Court of Vermont
This was an action of assumpsit, and was tried in the County Court at the April term, 1827, on the general issue. The declaration stated, in substance, that on the 29th November, 1823, at Danby, in consideration that the plaintiff had before that time, signed a certain promissory note, for ‡300, bearing date Nov. 22, 1822, payable to one Joseph Burr, or order, which had been signed off the day of its date by Bradford Barns and William Mitt, he the defendant promised the…
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This was an action of assumpsit, and was tried in the County Court at the April term, 1827, on the general issue. The declaration stated, in substance, that on the 29th November, 1823, at Danby, in consideration that the plaintiff had before that time, signed a certain promissory note, for ‡300, bearing date Nov. 22, 1822, payable to one Joseph Burr, or order, which had been signed off the day of its date by Bradford Barns and William Mitt, he the defendant promised the plaintiff to provide for the payment thereof according to its tenor, ánd to indemnify the plaintiff for any loss or damage…
1Opinion of the CourtTurnee, J.
It is in evidence that Lapham signed the note to Burr only as security. There is no evidence that Burr had ever made any demand of him to pay it; and for aught that appears, it might have been paid by Barns, the principal, and who was responsible for that sum, but for the interference of the defendant. How, after Lapham had signed the note, the defendant became interested to see it paid, does not ¡precisely .appear. But by his contract to Lapham, a contract ■as-clear, and explicit in its terms as language could make it, he “agrees,'to see this note paid and discharged,” and states as a…
2Cases cited2 opinions
- Jackson ex dem. Klock v. HudsonNew York Supreme Court · 1808
- Jerome v. WhitneyNew York Supreme Court · 1811
3Cited by3 opinions
- Thrall v. NewellSupreme Court of Vermont · 1847
- D. M. Osborne & Co. v. BakerSupreme Court of Minnesota · 1885
- Barron v. VandvertSupreme Court of Alabama · 1848