Whittle v. Skinner
Supreme Court of Vermont
Assumpsit upon a promissory note for $100,00, dated June 10, 1846, signed by Lorenzo P. Crosby as principal, and by the defendant as surety, and payable to the plaintiff in one year from date, with interest. Plea, the general issue, and trial by jury, December Term, 1849, — Poland, J., presiding.
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Assumpsit upon a promissory note for $100,00, dated June 10, 1846, signed by Lorenzo P. Crosby as principal, and by the defendant as surety, and payable to the plaintiff in one year from date, with interest. Plea, the general issue, and trial by jury, December Term, 1849, — Poland, J., presiding. On trial, the plaintiff having given in evidence the note declared upon, the defendant gave in evidence the deposition of Crosby, and other testimony, tending to prove, that, previous to February, 1847, the plaintiff and Crosby had been partners in the blacksmithing business in Irasburgh, and that,…
1Opinion of the Court
The opinion of the court was delivered by
Redfield,.J.
The contract between the plaintiff and Crosby, being before the note fell due, amounted to a virtual payment of $50,00 of the note in advance of its maturity, and would be a sufficient consideration for any promise on the part of the plaintiff to extend the time of payment, and, being made without the knowledge of the defendant, who was a surety merely, would operate to release him.
The only question in the case, then, is, whether what had taken place between Crosby and Hastings operated as an assignment of the same sum to Hastings, so that…
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