Spaulding v. Austin
Supreme Court of Vermont
This was an action of trespass for taking and carrying away a chaise, in which the jury found a verdict for' the defendant, and was brought before this Court on exceptions filed by the plaintiff to the opinion of the court below.
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This was an action of trespass for taking and carrying away a chaise, in which the jury found a verdict for' the defendant, and was brought before this Court on exceptions filed by the plaintiff to the opinion of the court below. It appears from the exceptions, That the defendant, on the 23d day of January, 1827, signed, as surety with one Zenas Osgood, a note for one hundred dollars payable to Benjamin Hall ; and Osgood, at the same time, to indemnify the defendant for signing the note, executed to him an absolute bill of sale of the chaise and a harness, and of twenty-eight sheep in Cabot,…
1Opinion of the CourtPrentiss, J.
pronounced the opinion of the Court. — The liability incurred by the defendant, by becoming surety for Osgood, on the note to Hall, was undoubtedly a sufficient consideration for the conveyance of the property mentioned in the bill of sale ; and whether the note was usurious or not, was a question which could not properly be tried in this action. It is laid down that where a surety joins in a security, and a counter security is given by the principal to the surety for his indemnity,such counter security is good, notwithstanding the original security should turn out to be usurious, unless the…
2Cases cited2 opinions
- New England Marine Insurance v. ChandlerMassachusetts Supreme Judicial Court · 1820
- Weller v. WaylandNew York Supreme Court · 1819
3Cited by5 opinions
- Flanagan v. WoodSupreme Court of Vermont · 1860
- Dow v. SmithSupreme Court of Vermont · 1835
- Bean v. ParkerSupreme Court of Vermont · 1915
- Albert Wing & Son v. PeabodySupreme Court of Vermont · 1885
- Ford Motor Credit, LLC v. CarpenterVermont Superior Court · 2012