Derby v. Thrall
Supreme Court of Vermont
Assumpsit upon common counts. Plea, tlie general issue, and trial by court, at the September term, 1871, Wheeler, J., presiding.
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Assumpsit upon common counts. Plea, tlie general issue, and trial by court, at the September term, 1871, Wheeler, J., presiding. Upon the trial, it appeared that one Wilson had arranged with the plaintiff for the purchase of a rifle, in part payment for which he was to give a note for $22, with surety, and that Wilson procured tho defendant to become such surety by agreeing that in the purchase of tho rifle he should act as the agent of the defendant, and the rifle bo the property of the defendant until the note should be paid. That the plaintiff was commonly called Frank, when called by…
1Opinion of the Court
The opinion of the court was delivered by
Pierpoint, Ch, J.
It appears from the exceptions that the note on which the plaintiff seeks to recover, was given for a rifle purchased by one Wilson of the plaintiff; that the defendant signed the note to the plaintiff, as surety for said Wilson ; that Wilson procured the note to bo drawn, and had it made payable to Prank-*415lin Derby, supposing that to be the plaintiff’s name, as he was commonly called Frank. After the note had been signed by 'the said Wilson and the defendant, Wilson took it to the plaintiff, who noticed that it was payable to Franklin…
2Cases cited1 opinion
- Broughton v. FullerSupreme Court of Vermont · 1837
3Cited by11 opinions
- Ryan v. First National BankIllinois Supreme Court · 1894
- Barton Savings Bank & Trust Co. v. StephensonSupreme Court of Vermont · 1914
- Churchill v. CapenSupreme Court of Vermont · 1911
- Cushing v. FieldSupreme Judicial Court of Maine · 1879
- Jenkins v. KuhneNew York Supreme Court · 1907
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