Legal Opinion

Harrington v. Wright

Supreme Court of Vermont

Decided February 15, 1876PublishedCited by 3 opinions

Assumpsit jupón a joint'and several promissory note for $800, dated April 28, 1869, payable to plaintiff or bearer in one year from date, with interest, and signed by 0. Noyes, G. H. Noyes, and defendants. Plea, the general issue, and notice. Trial by jury, December Term,¿1875, Wheeler, J., presiding. Plaintiff gave said note in evidence, and rested.

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Assumpsit jupón a joint'and several promissory note for $800, dated April 28, 1869, payable to plaintiff or bearer in one year from date, with interest, and signed by 0. Noyes, G. H. Noyes, and defendants. Plea, the general issue, and notice. Trial by jury, December Term,¿1875, Wheeler, J., presiding. Plaintiff gave said note in evidence, and rested. Defendants then offered parol evidence, to which plaintiff objected, but which the court admitted, tending to show that they signed said note as sureties for C. Noyes, and received none of the consideration thereof; that about a year before said…

1Opinion of the Court

The opinion of the court was delivered by

Boyce, J.

In Bank of St. Albans v. Smith, 30 Vt. 148, it is said that “ under the uniform course of decisions in this state, it was competent to show by parol that the defendant was but a surety on this note; and if this be known to the holder of the *431paper, he stands on the same ground he would have done if the defendant had affixed to his name the word surety.” All the cases cited upon this point show that in a suit in the name of the payee of the note against one or all of the signers, it is competent to show the relation that existed between the…

2Cases cited3 opinions

  1. Passumpsic Bank v. GossSupreme Court of Vermont · 1858
  2. Bank of St. Albans v. SmithSupreme Court of Vermont · 1858
  3. Farmers & Mechanics' Bank v. HathawaySupreme Court of Vermont · 1864

3Cited by3 opinions

  1. International Harvester Co. of America v. BeverlandIdaho Supreme Court · 1923
  2. Bromley v. HawleySupreme Court of Vermont · 1887
  3. Clement National Bank v. ConnollySupreme Court of Vermont · 1914

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