Flint v. Day
Supreme Court of Vermont
This was an action of assumpsit for money paid, laid out and expended. Plea, the general issue. The plaintiff proved that he, together with one other, signed a promissory note for $200, payable to the Bank of Montpelier, as sureties for George W. Paige, who also signed the note. Paige gave the note to defendant, he being one of the directors of the Bank, with a request to him to get it discounted at the Bank, but with no request to sign it, as surety.
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This was an action of assumpsit for money paid, laid out and expended. Plea, the general issue. The plaintiff proved that he, together with one other, signed a promissory note for $200, payable to the Bank of Montpelier, as sureties for George W. Paige, who also signed the note. Paige gave the note to defendant, he being one of the directors of the Bank, with a request to him to get it discounted at the Bank, but with no request to sign it, as surety. The Bank declined discounting it, without some further assurance that the note was good. The defendant, to induce the Bank to discount the…
1Opinion of the Court
The opinion of the court was delivered by
Williams, Ch. J.
If Day, the defendant, is to be considered as a co-surety with the plaintiff for Paige, then the judgment of the court below is to be affirmed. On the contrary, if he is to be considered as only guarantying to the bank the note signed by Paige, Flint and another, there is no foundation for this action. By the decisions of this-State, it has been considered, that if a person, not a party to a note, signs his name on the back, he is treated, prima facie, as a joint promisor, unless there is evidence to control this prima facie inference.…
2Cases cited3 opinions
- McDonald v. MagruderSupreme Court of the United States · 1830
- Lapham v. BarnesSupreme Court of Vermont · 1828
- Barrows v. LaneSupreme Court of Vermont · 1832
3Cited by12 opinions
- Lewis & Bros. v. Harvey & StewartSupreme Court of Missouri · 1853
- Sylvester v. DownerSupreme Court of Vermont · 1848
- Ellis v. BrownNew York Supreme Court · 1849
- Adams v. FlanaganSupreme Court of Vermont · 1863
- McNeilly v. PatchinSupreme Court of Missouri · 1856
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