Rolfe v. Lamb
Supreme Court of Vermont
Book Account.. The defendants presented no account; the plaintiff’s account contained but a single charge, which was for $88.00 in money, in reference to which the auditor reported the following factsi The defendants had executed" jointly a note to Holmes & Homer of Boston ; but, as between themselves, Lamb was the principal and the other two defendants sureties only.
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Book Account.. The defendants presented no account; the plaintiff’s account contained but a single charge, which was for $88.00 in money, in reference to which the auditor reported the following factsi The defendants had executed" jointly a note to Holmes & Homer of Boston ; but, as between themselves, Lamb was the principal and the other two defendants sureties only. The. note- was sent to an attorney for collection, and Lamb called upon the plaintiff and borrowed the money, charged in the plaintiff’s account, to pay upon said note, and did pay it upon the note. The plaintiff at that time,…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
The question presented to us resolves itself into this; does the request of the defendant Lamb to the plaintiff, to lend him money to pay a note signed by him as principal, and by the other two defendants as his sureties, and the application of the money to that purpose, enure in law as the request of all the defendants 1 Though it may be true, that, among joint principals, the request of one may, in law, enure as the request of all, yet that principle cannot control this case. The case of Lapham v. Barnes et al, 2 Vt. 213, is conclusive of…
2Cases cited2 opinions
- Lapham v. BarnesSupreme Court of Vermont · 1828
- Elmendorph v. TappenNew York Supreme Court · 1809