Hammond v. Chamberlin
Supreme Court of Vermont
Assumpsit in four counts; in the first count, the plaintiff set forth, in substance, that at Barnard on the first day of April, 1846, Daniel and Hiram Aikens, by their promissory note of that date, for value, promised the defendant to pay him or order the sum of $200, on demand and interest annually, and afterwards, to wit, at Barnard, on the first day of January, 1847, the defendant indorsed said note to the plaintiff, and that plaintiff on the day last aforesaid, presented…
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Assumpsit in four counts; in the first count, the plaintiff set forth, in substance, that at Barnard on the first day of April, 1846, Daniel and Hiram Aikens, by their promissory note of that date, for value, promised the defendant to pay him or order the sum of $200, on demand and interest annually, and afterwards, to wit, at Barnard, on the first day of January, 1847, the defendant indorsed said note to the plaintiff, and that plaintiff on the day last aforesaid, presented said note to the said Daniel and Hiram Aikens, that they neglected and refused to pay the same, whereof the defendant…
1Opinion of the Court
The opinion of the court was delivered by
Isecam J.
The note on which the plaintiff has declared, was executed in common form by Daniel and Hiram Aikens, payable to the defendant or order on demand, and was afterwards transferred to the plaintiff under the following written guaranty: “ I hereby guarantee this note good until January 1, 1850.” It is insisted that there is a variance between the several counts in the declaration and the legal liability arising from this obligation. On this question it becomes necessary to determine the legal effect of the contract or guaranty, placed on the back…
2Cited by6 opinions
- Evans v. BellTexas Supreme Court · 1876
- Weil v. SchwartzMissouri Court of Appeals · 1886
- Bull v. BlissSupreme Court of Vermont · 1857
- Cowles v. PeckSupreme Court of Connecticut · 1887
- Stackpole v. Dakota Loan & Trust Co.South Dakota Supreme Court · 1897
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