Ward v. Whitney
Supreme Court of Vermont
Assumpsit upon a promissory note. Plea, the general issue, and trial by jury, at the September Term, 1858, in Chittenden county,- — Bennett, J., presiding. The note declared upon was a joint and several promissory note, signed by one Ayres as principal, and by one Ward and the defendant as sureties.
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Assumpsit upon a promissory note. Plea, the general issue, and trial by jury, at the September Term, 1858, in Chittenden county,- — Bennett, J., presiding. The note declared upon was a joint and several promissory note, signed by one Ayres as principal, and by one Ward and the defendant as sureties. The defendant introduced evidence tending to show that some years before the date of the note the plaintiff had loaned to Ayers a sum of money, and taken his individual note therefor ; and that such note had been renewed from time to time by Ayres; and that at the date of the note declared upon,…
1Opinion of the CourtPoland, J.
As we understand the facts from the bill of exceptions in this case, Ayres obtained a loan of money from the plaintiff, and executed to her his note for the real amount received *91with legal interest, so that there was tío usury included in the security, and the note was perfectly legal and valid in all respects* Ayres, by virtue of some parol conti-act or agreement, whether made at the time of the original contract for the loan, or sub^ sequently, does not appear (nor does it appear to us, in the present state of the law, material how it was,) made payments to the plaintiff of usurious…
2Cases cited3 opinions
- Grow v. AlbeeSupreme Court of Vermont · 1847
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- Nichols & Bliss v. BellowsSupreme Court of Vermont · 1849
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- Lamoille County National Bank v. BinghamSupreme Court of Vermont · 1877
- Reed v. EastmanSupreme Court of Vermont · 1877
- Bank of Newbury v. SinclairSupreme Court of New Hampshire · 1880
- Cross v. MannSupreme Court of Vermont · 1881
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