Liddell v. Wiswell
Supreme Court of Vermont
Assumpsit. Appeal from the municipal court of Rutland. Plea of discharge in bankruptcy. Heard by the court on pleadings and an agreed statement, September Term, 1886, Veazey, J., presiding. Judgment pro forma for the plaintiff to recover the sum of $164.31 damages and $7.98 costs, it being one-third of the sum paid by the said Liddell to satisfy the judgment rendered against him on the note signed by the plaintiff, defendant, and seven other parties.
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Assumpsit. Appeal from the municipal court of Rutland. Plea of discharge in bankruptcy. Heard by the court on pleadings and an agreed statement, September Term, 1886, Veazey, J., presiding. Judgment pro forma for the plaintiff to recover the sum of $164.31 damages and $7.98 costs, it being one-third of the sum paid by the said Liddell to satisfy the judgment rendered against him on the note signed by the plaintiff, defendant, and seven other parties. In 1872, the plaintiff and defendant, residing at Hydeville, Vt., in common with other citizens, were interested in fitting up a lodge or club…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
There were nine signers to the note of April 1, 1872. Between themselves each signer was principal, for the payment of one-ninth of the note, was surety to each other signer for the payment of one other ninth, and co-surety for the payment of the other seven-ninths. These relations the plaintiff had to each of the other signers. He has been compelled to pay the whole note, with an accumulation of interest and costs. He seeks contribution from the defendant. The defendant has interposed his • discharge ' in bankruptcy, obtained before the…
2Cases cited4 opinions
- Timothy L. MacE in Error v. Jared WellsSupreme Court of the United States · 1848
- Mills v. HydeSupreme Court of Vermont · 1846
- Strong & Buck v. MitchellSupreme Court of Vermont · 1847
- Swain v. BarberSupreme Court of Vermont · 1857
3Cited by5 opinions
- Smith v. MasonNebraska Supreme Court · 1895
- Wetmore & Morse Granite Co. v. RyleSupreme Court of Vermont · 1919
- Faurot v. GatesWisconsin Supreme Court · 1893
- Merrill v. PrescottSupreme Court of Kansas · 1903
- Woodbury Et Ux. v. Stetson Et Ux.Supreme Court of Vermont · 1936