Wheeler v. Washburn
Supreme Court of Vermont
Assumpsit .on a promissory note, and was tried upon issue to ,tlie Court. Upon the .trial the plaintiffs, who were indorsees of the note, read in evidence without objection, the note declared on, its execution and indorsement being conceded, and then rested.
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Assumpsit .on a promissory note, and was tried upon issue to ,tlie Court. Upon the .trial the plaintiffs, who were indorsees of the note, read in evidence without objection, the note declared on, its execution and indorsement being conceded, and then rested. The defendant read the deposition of E. Mattoon in evidence, in which appeared the following agreement:— “ Brattleboro’, January 24, 1851.” “ Provided Mr. Elijah Mattoon, Jr., pay $100 within two days, “ on the note which I hold against him and Artemas Washburn, “ I hereby engage that neither shall be called upon for the bal- “ anee, till…
1Opinion of the Court
The opinion of the court was delivered by
Isham, J.
The defendant is prosecuted as surety upon the note described in the declaration, and claims to be discharged from any liability in consequence of a delay of payment granted by the creditor to the principal, without his knowledge or consent.
The ease on examination seems destitute of those considerations necessary to make a defense of this character. To give effect to such contract, it is necessary that it be sufficiently certain to bind the creditor to delay, as between him and the principal, — something must have been done varying the legal…
2Cases cited2 opinions
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