Legal Opinion

Roberts v. Button

Supreme Court of Vermont

Decided February 15, 1842PublishedCited by 11 opinions

Assumpsit, upon a contract of the following tenor;— ‘For value received, we, the agents of the Wallingford ‘ Manufacturing Company, promise to pay Calvin G. Roberts ‘ ten hundred dollars and interest till paid, and this note is to ‘ be subject to such assessments as shall be made on the capi- ‘ tal stock of said company, subscribed for by the said Roberts, and if such assessments shall not cover the full ‘ amount of this note, then the balance to be paid in two ‘ years from…

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Assumpsit, upon a contract of the following tenor;— ‘For value received, we, the agents of the Wallingford ‘ Manufacturing Company, promise to pay Calvin G. Roberts ‘ ten hundred dollars and interest till paid, and this note is to ‘ be subject to such assessments as shall be made on the capi- ‘ tal stock of said company, subscribed for by the said Roberts, and if such assessments shall not cover the full ‘ amount of this note, then the balance to be paid in two ‘ years from date, but the assessments made are to be indorsed ‘ when they become due. ‘Wallingford, 25th March, 1837/ This contract…

1Opinion of the Court

The opinion of the court was delivered by

Redrield, J.

The only question arising in this case is whether the defendants are personally liable upon this note. In order to come at any very satisfactory conclusion in regard *202to this subject, it is necessary to examine the authorities, and the facts in the case, somewhat in detail.

1. And I will say, in limine, that if this is the express personal contract of the defendants, for one I am not inclined to hold that the plaintiff is precluded from maintaining the action, because he is himself a member of the association, and ultimately liable to…

2Cases cited4 opinions

  1. Hodgson v. DexterSupreme Court of the United States · 1803
  2. Ballou v. TalbotMassachusetts Supreme Judicial Court · 1820
  3. Brockway v. AllenNew York Supreme Court · 1837
  4. Meech v. SmithNew York Supreme Court · 1831

3Cited by11 opinions

  1. Wheelock v. MoultonSupreme Court of Vermont · 1843
  2. Douglass & Varnum v. Village of MorrisvilleSupreme Court of Vermont · 1915
  3. Gillig v. Lake Bigler Road Co.Nevada Supreme Court · 1866
  4. Williams v. Second National BankIndiana Supreme Court · 1882
  5. Allemong v. SimmonsIndiana Supreme Court · 1890

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