Joslyn v. Eastman
Supreme Court of Vermont
Assumpsit upon a promissory note, dated April 11, 1862, signed by A. W. Locke, and tlie defendant and Harry H. Hall, and payable to the plaintiff. The writ was dated April 1, 1868, and served April 10, 1868. Plea, the general isssue, and notice. Trial by jury, September term, 1871, Orleans county, Redfield, J., presiding.
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Assumpsit upon a promissory note, dated April 11, 1862, signed by A. W. Locke, and tlie defendant and Harry H. Hall, and payable to the plaintiff. The writ was dated April 1, 1868, and served April 10, 1868. Plea, the general isssue, and notice. Trial by jury, September term, 1871, Orleans county, Redfield, J., presiding. The plaintiff testified that the loan for which the note was given, was negotiated l>y said Hall, since deceased, for said Locke, and claimed that Locke was principal, and Hall and the defendant sureties on the note. The plaintiff presented the note to the commissioners on…
1Opinion of the Court
The opinion of the court was delivered by
Rotcb, J.
The only exception that appears to'have been taken on the trial, was to the refusal of the court to charge that Locke was the principal in the note declared on, and that the defendant and Hall were co-sureties. It will bo seen by reference to the testimony, that it not only tended to show that Hall was the principal, but it was sufficient in amount, in the judgment of the jury, to justify them in finding the fact. So that it would have been error for the court to have complied with this request. The disputed questions of fact necessary to a…
2Cited by6 opinions
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- Bonner v. NelsonSupreme Court of Georgia · 1876
- Spurgeon v. SmithaIndiana Supreme Court · 1888
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