Bishop v. Day
Supreme Court of Vermont
This was an appeal from the court of chancery. - The orator, in his bill, set forth and charged, that on the 23d of January, 1827, one Eliakim Spooner, then of Woodstock, in the county of Windsor, and Charles M. Huntington, of Richmond, in the county of Chittenden, and Ira Day, of Barre, in the county of Washington, were joint owners of a line of stages, running from Burlington to Montpelier, consisting of coaches, sleighs, horses, &c., and the right of transporting the…
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This was an appeal from the court of chancery. - The orator, in his bill, set forth and charged, that on the 23d of January, 1827, one Eliakim Spooner, then of Woodstock, in the county of Windsor, and Charles M. Huntington, of Richmond, in the county of Chittenden, and Ira Day, of Barre, in the county of Washington, were joint owners of a line of stages, running from Burlington to Montpelier, consisting of coaches, sleighs, horses, &c., and the right of transporting the mail, in the following proportions, via: the said Spooner and Huntington each one-fourth, and the said Day one-half of said…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
There is one view of this case in which we are all agreed, that the bill of the orator presents an equitable right which we can recognize. After the notes were executed by Bishop to Spooner, by some subsequent arrangement between Bishop on the one part and Day, Cottrill & Barker, •on the other, the latter gave their bond to Bishop, conditioned to pay the notes to Spooner and save Bishop harmless therefrom and this bond is fully set out in the bill. By this arrangement Day, Cottrill & Barker made these notes their debt to pay, and, as between…
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