Le Grand Cannon v. Norton
Supreme Court of Vermont
This was an appeal from a decree of the court of chancery against the defendants. The orators, in their bill, charged, in substance, that one Cyrus Adams, on the 23d day of August, 1828, procured the defendant, Norton, to sign a note with him to one McClure, and, to indemnify Norton for signing such note, indorsed to him sundry notes against different individuals, amounting to about seven hundred dollars; that the note so given to McClure was usurious and void; that Adams…
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This was an appeal from a decree of the court of chancery against the defendants. The orators, in their bill, charged, in substance, that one Cyrus Adams, on the 23d day of August, 1828, procured the defendant, Norton, to sign a note with him to one McClure, and, to indemnify Norton for signing such note, indorsed to him sundry notes against different individuals, amounting to about seven hundred dollars; that the note so given to McClure was usurious and void; that Adams was indebted to “ u September term, 1830, of the county court for Rutland county for the sum of $978.25; that an execution…
1Opinion of the Court
The opinion of the court was delivered by
Williams, Ch. J.
The answers in this case were traversed. Where answers are not responsive to the bill, and where they set forth matters in avoidance of the claim, of the orator, they must be proved. The answer of one of the defendants is not evidence for the other. The orator has established, both by evidence as well as by the admissions in the answers, that the several notes and claims which it is the object of this suit to recover, were placed in the hands of the defendant, Norton, to secure or indemnify him for having signed a note with Gyrus Adams…
2Cited by5 opinions
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- Lockwood v. WhiteSupreme Court of Vermont · 1893
- Salmon v. SmithMississippi Supreme Court · 1880
- Pleasanton v. RaughleyCourt of Chancery of Delaware · 1867
- Wells v. HoustonSupreme Court of Vermont · 1864