Executors of Baker v. Marshall
Supreme Court of Vermont
Assumpsit on a promissory note', signed by the defendants, and made payable to one' Hall, and by him indorsed to the plaintiffs’ testator. Plea, the general issue, and trial by the jury.
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Assumpsit on a promissory note', signed by the defendants, and made payable to one' Hall, and by him indorsed to the plaintiffs’ testator. Plea, the general issue, and trial by the jury. The plaintiffs- having proved the execution and indorsement of the note, the defendants proved that the defendant Marshall, was the principal on the note and the defendant Rickor a surety, only, for Marshal], and that this was known to the payee of the note, and to the testator at the time of the indorsement; that the testator, Nov. 30, 1840, sued out a writ of attachment on the same note, against both these…
1Opinion of the Court
The opinion of the eourt was delivered by
Bennett, J.
The creditor, in this case, upon his own mere motion, caused the property of the principal debtor to be attached, and the property, for some cause which does not appear in the bill of exceptions, was given up to the debtor, instead of being applied *525in payment of the debt. There was no request by the surety to have the suit commenced by an attachment of the principal debtor’s property, — none that it should be applied in payment of the debt,— and there is no evidence that it was given up in fraud of the rights of the surety.
It is, I think,…
2Cases cited1 opinion
- Bank of Montpelier v. DixonSupreme Court of Vermont · 1832
3Cited by7 opinions
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- Howard National Bank v. ArbuckleSupreme Court of Vermont · 1917
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