Legal Opinion

Oaks v. Weller

Supreme Court of Vermont

Decided January 15, 1844PublishedCited by 11 opinions

Assumpsit on a promise that, if the plaintiff would settle a judgment in favor of one Hill against one Thomas M. Taylor, and discharge the liability of one William A. Prentiss as bail for said Taylor on the suit in favor of said Hill, and would notify said Taylor by letter that he had so done, the defendant would send to the plaintiff his note for ¿£50, payable in January, 1833. And the plaintiff averred that he had settled said judgment, and discharged said Prentiss’…

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Assumpsit on a promise that, if the plaintiff would settle a judgment in favor of one Hill against one Thomas M. Taylor, and discharge the liability of one William A. Prentiss as bail for said Taylor on the suit in favor of said Hill, and would notify said Taylor by letter that he had so done, the defendant would send to the plaintiff his note for ¿£50, payable in January, 1833. And the plaintiff averred that he had settled said judgment, and discharged said Prentiss’ liability, and had written, and deposited in the post office, a letter directed to said Taylor, informing him thereof, and…

1Opinion of the Court

The opinion of the court was delivered by

Bennett, J.

The plaintiff, having taken one William A. Prentiss as bail upon the writ in fav.or of Warren Hill against Taylor, stood responsible for the sufficiency of such bail, which was considered at least doubtful, if not insufficient. Under these circumstances Taylor proposed to the plaintiff that, if he would settle the •Hill debt, he would secure him for one third the amount he should pay, by means of the defendant’s note payable in January, 1833, and give his own notes for the residue; and he adds, in substance, that this shall be done when he…

2Cases cited2 opinions

  1. Church v. LandersNew York Supreme Court · 1833
  2. Downer v. BowenSupreme Court of Vermont · 1840

3Cited by11 opinions

  1. Huntley v. WhittierMassachusetts Supreme Judicial Court · 1870
  2. Bacon v. Boston & Maine RailroadSupreme Court of Vermont · 1910
  3. M. Noyes & Co. v. NicholsSupreme Court of Vermont · 1855
  4. Lowry v. AdamsSupreme Court of Vermont · 1850
  5. Pitts v. Hartford Life & Annuity InsuranceSupreme Court of Connecticut · 1895

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