Dunham v. Downer
Supreme Court of Vermont
Appeal from the decree of the court of chancery. The bill was brought April 4, 1853, and set forth that on the 10th of August, 1844, the orators executed with one Daniel Aikens, and as sureties for him, a joint and several promissory note for five hundred and fifty dollars, payable to John Marshall, or order, in one year from date, with interest annually; that the fact of their being merely sureties upon the note was fully shown to Marshall at the time of its execution; that…
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Appeal from the decree of the court of chancery. The bill was brought April 4, 1853, and set forth that on the 10th of August, 1844, the orators executed with one Daniel Aikens, and as sureties for him, a joint and several promissory note for five hundred and fifty dollars, payable to John Marshall, or order, in one year from date, with interest annually; that the fact of their being merely sureties upon the note was fully shown to Marshall at the time of its execution; that Marshall commenced a suit against Daniel Aikens and the orators upon this note after its maturity, and recovered…
1Opinion of the CourtBennett, J.
This is a case involving principles of very considerable practical importance, and we have endeavored to give it a careful consideration.
The case made by the orators in their bill is briefly this. They aver that they executed with, and as sureties for, Daniel Aikens, one of the defendants in this bill, their joint'and several promissory note to one John Marshall, he at the time of taking of the note *255well knowing that they were but sureties for the said Daniel, and that upon the note becoming due it was prosecuted by Marshall to final judgment, and that Marshall sold and transferred the…
2Cases cited10 opinions
- Rathbone v. WarrenCourt for the Trial of Impeachments and Correction of Errors · 1813
- Lenox v. ProutSupreme Court of the United States · 1818
- Bangs v. StrongNew York Court of Chancery · 1842
- David McGilvray & Co. v. AverySupreme Court of Vermont · 1857
- Burton v. WileySupreme Court of Vermont · 1854
5 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Young v. WileyIndiana Supreme Court · 1914
- Holmes v. ClarkSupreme Court of Vermont · 1873
- Walin v. YoungOregon Supreme Court · 1947
- Barton Savings Bank & Trust Co. v. BickfordSupreme Court of Vermont · 1923
- Benedict v. CoxSupreme Court of Vermont · 1880
2 more not listed; retrieve them via the Exa API.