Paddleford v. Thacher
Supreme Court of Vermont
Assumpsit upon a promissory note. Defendant pleaded puis darrein continuance, that W. K. & G. A. Richardson were principals on said note and defendant merely surety, which was well known to the payee, and to plaintiff when he took said note ; that said Richardsons and their creditors, of whom plaintiff was one, mutually agreed that if said Richardsons would pay said creditors ten per cent of their respective demands against them, said creditors would give said Richardsons a…
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Assumpsit upon a promissory note. Defendant pleaded puis darrein continuance, that W. K. & G. A. Richardson were principals on said note and defendant merely surety, which was well known to the payee, and to plaintiff when he took said note ; that said Richardsons and their creditors, of whom plaintiff was one, mutually agreed that if said Richardsons would pay said creditors ten per cent of their respective demands against them, said creditors would give said Richardsons a full discharge ; that said Richardsons paid said per centum accordingly, and that said creditors, including the…
1Opinion of the Court
The opinion of the court was delivered by
Pierpoint, Ch. J.
This is an action of assumpsit on a promissory note, and comes to this court upon demurrer to the defendant’s special plea ; and the only question is, whether the facts set forth in the plea constitute a legal defence to the action.
It has long been settled in this state, that a mere payment by a debtor of a part of what he owes, does not, of itself, constitute a sufficient consideration to support an agreement by the creditor not under seal, to discharge the remainder of the debt. This rule is too well understood to require argument or…
2Cases cited2 opinions
- Ellsworth v. FoggSupreme Court of Vermont · 1862
- Draper v. HittSupreme Court of Vermont · 1871
3Cited by8 opinions
- Larned v. City of DubuqueSupreme Court of Iowa · 1892
- Brown v. Vermont Mutual Fire InsuranceSupreme Court of Vermont · 1910
- First National Bank v. WoodSupreme Court of Vermont · 1881
- Mellen v. GoldsmithWisconsin Supreme Court · 1879
- Gillfillan v. FarringtonAppellate Court of Illinois · 1882
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