Whipple v. Briggs
Supreme Court of Vermont
Assumpsit for money paid. Plea, the general issue; trial by jury, September Term, 1853, — Peck, J., presiding. The plaintiffs were severally sureties for the defendant upon two notes for $500 each, ope payable to the Bank of Montpelier and the other to the Farmers and Mechanics’ Bank in Burlington.
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Assumpsit for money paid. Plea, the general issue; trial by jury, September Term, 1853, — Peck, J., presiding. The plaintiffs were severally sureties for the defendant upon two notes for $500 each, ope payable to the Bank of Montpelier and the other to the Farmers and Mechanics’ Bank in Burlington. One half of the note to the Bank of Montpelier was paid by the defendant at its maturity, and, some time after, a note for $400, signed by the plaintiffs and one Holla Gleason, as surety, was discounted at said, bank, and with it the other half of the note was paid and the note taken up. The $400…
1Opinion of the Court
*70The opinion of the court was delivered by
Bennett, J.
We think this joint action is well brought. The jury have found that the old notes which the plaintiffs had signed with the defendant, as his surety, had been paid by the new notes which the plaintiffs gave, signed also by Gleason as their surety. It is a common principle that, if two joint sureties pay the note of their principal out of their separate funds, each one has only a right o! action for what he has paid; but if the payment is made out of their joint funds, they have a joint action against their principal. Li the case cited from…
2Cases cited2 opinions
- Letton v. YoungCourt of Appeals of Kentucky · 1859
- Doremus & Wilbur v. SeldenNew York Supreme Court · 1821
3Cited by4 opinions
- Miller v. SawyerSupreme Court of Vermont · 1858
- Thomas v. CarterSupreme Court of Vermont · 1891
- Prescott v. NewellSupreme Court of Vermont · 1866
- Whipple v. BriggsSupreme Court of Vermont · 1858