Bailey v. Bailey
Supreme Court of Vermont
Assumpsit. Heard on the report of a referee December Term, 1881, Orange County, Bowers, J., presiding-. Judgment pro forma for tlie plaintiff.
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Assumpsit. Heard on the report of a referee December Term, 1881, Orange County, Bowers, J., presiding-. Judgment pro forma for tlie plaintiff. The referee found that Isaac A. Bailey by bis warranty deed conveyed his real estate to tbe defendant, on condition tbat defendant support tbe grantor during bis life “ and pay all debts tbat remain due against ” him; ■“ tbat in consideration of tbe conveyance of said property to tbe defendant-, as aforesaid, tbe defendant verbally promised plaintiff after plaintiff became the owner of said notes, as aforesaid, that be, tbe defendant, would pay said…
1Opinion of the Court
The opinion of the court was delivered by
Tart, J.
The debt sought to be recovered in this action is one for which Isaac A. Bailey, father of the defendant, was liable as surety. The defendant was not liable upon it originally. In the year 1863 the defendant took a conveyance of the real and personal property of Isaac A. upon condition that he would pay all Isaac A.’s debts that remained due. This debt in question, which was not negotiable, became the property of the plaintiff on the 31st day of May, 1876, and after that date the defendant promised the plaintiff that he would pay it, if his…
2Cases cited3 opinions
- Fullam v. AdamsSupreme Court of Vermont · 1864
- Merrill, Townsend & Boynton v. EnglesbySupreme Court of Vermont · 1855
- Smith v. Estate of RogersSupreme Court of Vermont · 1862
3Cited by3 opinions
- Pocket v. AlmonSupreme Court of Vermont · 1916
- Conti v. JohnsonSupreme Court of Vermont · 1917
- Paris v. HilliardSupreme Court of Vermont · 1891