White River Bank v. Downer
Supreme Court of Vermont
Debt on a judgment recovered at the term of the county court for the county of Windsor, held on the fourth Tuesday of May, 1854. The defendant, Wooster Downer, who alone defended, plead mil iiel record payment, and other pleas as hereafter stated, upon which issues of fact were joined. Trial by jury, May Term, 1856, — Undeiiwood, J., presiding. The plaintiff introduced the record of the judgment declared on and rested.
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Debt on a judgment recovered at the term of the county court for the county of Windsor, held on the fourth Tuesday of May, 1854. The defendant, Wooster Downer, who alone defended, plead mil iiel record payment, and other pleas as hereafter stated, upon which issues of fact were joined. Trial by jury, May Term, 1856, — Undeiiwood, J., presiding. The plaintiff introduced the record of the judgment declared on and rested. The defendant, Wooster Downer, under his plea of payment, called A. P. Hunton as a witness, whose testimony tended to show that Wooster Downer was principal in the note upon…
1Opinion of the Court
The opinion of the .court was delivered by
Redfield, Ch. J.
I. In regard to payment, it seems to us the testimony did not tend to show it. It is true that the surety would, perhaps, as soon have paid it if he had not a purpose to serve by keeping the debt on foot. But the money did not go into the hands of the creditor, and there was a design that it should not, for the very purpose of preventing the payment. It was nothing more than giving security by way of collateral, and depositing money to obtain the collateral. Here is nothing done which would hinder the bank from enforcing the judgment…
2Cases cited4 opinions
- Clark v. GoodwinMassachusetts Supreme Judicial Court · 1817
- Day v. LambSupreme Court of Vermont · 1835
- Bausman v. Eshleman, Pennsylvania Court of Common Pleas, Lancaster County1873
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- Bowyer v. KnappWest Virginia Supreme Court · 1879
- McKinstry v. CollinsSupreme Court of Vermont · 1904
- Connell v. GalligherNebraska Supreme Court · 1893
- Goddard v. HarbourSupreme Court of Kansas · 1896
- Morrissey v. GrayCalifornia Supreme Court · 1911
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