Legal Opinion

Gregory, Tilton & Co. v. Gleed

Supreme Court of Vermont

Decided November 15, 1860PublishedCited by 3 opinions

Assumpsit upon a guaranty. Plea, the general issue, and trial by the court, at the December Term, 1859, in.Lamoille county, — Aldis, J. presiding. The facts in the case are sufficiently stated in the opinion of the court. The county court decided that there was sufficient consideration for the guaranty, and rendered judgment for the plaintiffs for the amount of the debt guarantied with interest.

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Assumpsit upon a guaranty. Plea, the general issue, and trial by the court, at the December Term, 1859, in.Lamoille county, — Aldis, J. presiding. The facts in the case are sufficiently stated in the opinion of the court. The county court decided that there was sufficient consideration for the guaranty, and rendered judgment for the plaintiffs for the amount of the debt guarantied with interest. To the decision of the court that there was a sufficient consideration for the guaranty the defendant excepted.

1Opinion of the CourtKisllogg, J.

It appears from the exceptions in this case that, on the trial in the county court, the plaintiffs introduced testimony tending to show that on the 1st of January, 1857, one Jonathan C. Burnett was indebted to them for goods previously sold by them to him, in the sum of seven hundred thirty-two dollars and forty-four cents, and that one Jesse Kimball, the agent of the plaintiffs, being informed that Burnett was likely to fail, called upon him on that day to obtain security for the debt; that Burnett called in the defendant, and offered to give to the plaintiffs the guaranty of the defendant…

2Cases cited3 opinions

  1. Trustees of Troy Conference Academy v. NelsonSupreme Court of Vermont · 1852
  2. Patchin v. SwiftSupreme Court of Vermont · 1849
  3. Smith v. IdeSupreme Court of Vermont · 1830

3Cited by3 opinions

  1. Citizens Savings Bank & Trust Co. v. Paradis & Sons, Ltd.Supreme Court of Vermont · 1929
  2. Hamilton v. GraySupreme Court of Vermont · 1894
  3. Courtright v. BurnesU.S. Circuit Court for the District of Western Missouri · 1881

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