E. D. Keyes & Co. v. Allen & Maynard
Supreme Court of Vermont
Assumpsit. Heard upon the report of a referee at the September term, 1892, Taft, J., presiding. Judgment for the defendant Maynard, and against the defendant Allen, who excepts. On July 1, 1889, the firm of Humphrey & Macomber, who had been and were then engaged in trade at Fair Haven, were owing a considerable number of debts and were in fact insolvent. Among other debts was one to the defendant Maynard and another to defendant Allen.
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Assumpsit. Heard upon the report of a referee at the September term, 1892, Taft, J., presiding. Judgment for the defendant Maynard, and against the defendant Allen, who excepts. On July 1, 1889, the firm of Humphrey & Macomber, who had been and were then engaged in trade at Fair Haven, were owing a considerable number of debts and were in fact insolvent. Among other debts was one to the defendant Maynard and another to defendant Allen. For the purpose of securing the payment of these debts and giving them time to work out their other debts, Humphrey & Macom-ber on July i, executed three…
1Opinion of the CourtMunson, J.
The chattel mortgage taken by the defendants covered all the property of the firm of Humphrey & Macomber. It contained a recital that the firm had several creditors whose indebtedness the defendants had assumed and agreed to pay. It was conditioned for the repayment of such sums as the defendants might advance in liquidating this indebtedness. Soon after the mortgage was executed the plaintiffs called upon the defendants with reference to the payment of their claim. Maynard made no promise of payment; but Allen said he understood they were holden for the account and that they should pay it.…
2Cases cited3 opinions
- Fullam v. AdamsSupreme Court of Vermont · 1864
- Wait v. of WaitSupreme Court of Vermont · 1856
- Greene v. BurtonSupreme Court of Vermont · 1887
3Cited by3 opinions
- Conti v. JohnsonSupreme Court of Vermont · 1917
- Greene v. McDonaldSupreme Court of Vermont · 1897
- Rounsevel v. OsgoodSupreme Court of New Hampshire · 1895