Legal Opinion

Woodstock Bank v. Downer

Supreme Court of Vermont

Decided March 15, 1855PublishedCited by 7 opinions

Guaranty, construction and extent of notice of its acceptance, §c. Assumpsit. The declaration counted, with proper averments, upon a written guaranty, of which the following is a copy. “ Me. Johnson, Sie. “ I wish you to discount a note dated Royalton, April 3, 1847, “ for the sum of four hundred dollars, signed by John II. Rich- “ ardson, Lewis S. Fish, Levi Rix, and Seth A. Chase, and I “ guarantee the said note is good and the payment of the same.”

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Guaranty, construction and extent of notice of its acceptance, §c. Assumpsit. The declaration counted, with proper averments, upon a written guaranty, of which the following is a copy. “ Me. Johnson, Sie. “ I wish you to discount a note dated Royalton, April 3, 1847, “ for the sum of four hundred dollars, signed by John II. Rich- “ ardson, Lewis S. Fish, Levi Rix, and Seth A. Chase, and I “ guarantee the said note is good and the payment of the same.” Plea, the general issue; trial by jury, December Term, 1854,— Underwood, J., presiding. It appeared that on or about the 3d of April, 1847, the…

1Opinion of the Court

The opinion of the court was delivered by

Bennett, J.

The language of the defendants promise is, “1 “ guarantee the said note is good, and the payment of the same.”

There is no ground for the claim, that to charge this defendant, the note must have been presented to the makers at maturity for payment, and due notice given of its non-payment. The law merchant is not applied to a guaranty like the one before us, and if this had been a conditional guaranty, all that the law would have required, would be the use of reasonable diligence.

The court did charge the jury that notice of the acceptance of…

2Cases cited3 opinions

  1. Russell v. BuckSupreme Court of Vermont · 1839
  2. Samuel Train & Co. v. JonesSupreme Court of Vermont · 1839
  3. Oaks v. WellerSupreme Court of Vermont · 1841

3Cited by7 opinions

  1. Schneider v. Armour & Co.Massachusetts Supreme Judicial Court · 1948
  2. Walker v. McNealSupreme Court of Oklahoma · 1928
  3. Clark v. H. Hackfeld & Co.Hawaii Supreme Court · 1904
  4. Manley Brothers, Inc. v. BushSupreme Court of Vermont · 1934
  5. Barnes Cycle Co. v. ReedCourt of Appeals for the Third Circuit · 1899

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