Viele v. Hoag
Supreme Court of Vermont
[ In Chancery.] Appeal from the court of chancery. The orator alledgecl In the hill, that Bial and Henry Boynton were partners in manufacturing of cloths and the purchase of wool, in Hinesburg, Vt., and in. full business and credit, all- of which was well known to the defendant ; and on or about the 24th day of June, 1846, the defendant, being possessed of a large quantity of wool, proposed to sell it to the said B. & H. Boynton, the partnership firm of the said Bial and…
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[ In Chancery.] Appeal from the court of chancery. The orator alledgecl In the hill, that Bial and Henry Boynton were partners in manufacturing of cloths and the purchase of wool, in Hinesburg, Vt., and in. full business and credit, all- of which was well known to the defendant ; and on or about the 24th day of June, 1846, the defendant, being possessed of a large quantity of wool, proposed to sell it to the said B. & H. Boynton, the partnership firm of the said Bial and Henry, at and for the price of twenty-nine cents per pound, and to loan at the same time to said B. & H. Boynton such an…
1Opinion of the Court
The opinion of the court was delivered by
Isham, J.
The general object of this bill is for discovery and relief from the payment of a note executed by the orator, as surety for B. & H. Boynton, and on which the defendant has commenced a suit at law. The ground upon which relief is sought, is an extension of the- time for the payment of the note for one year, granted by the payee to the principals, without the knowledge or consent of the surety. And that within that period, the Boyntons became insolvent. An objection has been urged against this proceeding, involving the jurisdiction of this…
2Cases cited1 opinion
- Bangs v. StrongNew York Court of Chancery · 1842
3Cited by15 opinions
- Rucker v. RobinsonSupreme Court of Missouri · 1866
- Whitcomb v. ShultzCourt of Appeals for the Second Circuit · 1915
- Wright v. HakeMichigan Supreme Court · 1878
- Mueller v. DobschuetzIllinois Supreme Court · 1878
- Morse v. HuntingtonSupreme Court of Vermont · 1868
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