Green v. Kelley
Supreme Court of Vermont
Assumpsit. Plea, the general issue. Trial by jury at the; March term, 1891, Start, J., presiding. Verdict and judgment for the plaintiff. The defendant excepts. The plaintiff sought to recover of the defendant certain moneys in his hands, the avails of personal property sold by him,'This property had been attached by the defendant at the suit of one Holden Kelley as the property of Harris Green, a brother of the plaintiff.
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Assumpsit. Plea, the general issue. Trial by jury at the; March term, 1891, Start, J., presiding. Verdict and judgment for the plaintiff. The defendant excepts. The plaintiff sought to recover of the defendant certain moneys in his hands, the avails of personal property sold by him,'This property had been attached by the defendant at the suit of one Holden Kelley as the property of Harris Green, a brother of the plaintiff. Previous to the attachment, Harris Green had given the plaintiff a chattel mortgage on this same property, and the evidence of the plaintiff tended to show that after the…
1Opinion of the Court
The opinion of the court was delivered by
ROWELL, J.
The testimony tended to show that plaintiff; was surety for his brother on a note to Holden Kelley, defendant’s father, for about $600, and that, being such surety, it was agreed between him and his brother that he should assume and pay that note and that in consideration thereof his brother should pay him $600, and secure its payment by the mortgage in question, which was subsequently given. By that agreement, as between them, the plaintiff: became the principal on that note and his brother became his surety. Wells v. Tucker, 57 Vt. 223;…
2Cases cited3 opinions
- Comstock v. . DrohanNew York Court of Appeals · 1877
- Wells v. TuckerSupreme Court of Vermont · 1884
- Field v. HamiltonSupreme Court of Vermont · 1872
3Cited by3 opinions
- Blackfoot City Bank v. ClementsIdaho Supreme Court · 1924
- Perry v. WardSupreme Court of Vermont · 1909
- Gilfillan's Admr. v. BixbySupreme Court of Vermont · 1927