Legal Opinion

Bank of St. Albans v. Smith

Supreme Court of Vermont

Decided January 15, 1858PublishedCited by 5 opinions

Assumpsit on a promissory note for four hundred dollars, dated November 13, 1848, signed by Gardner G. Smith and the defendant, and payable to the plaintiffs ten days from date. Plea, the general issue, and trial by jury, at the June Term, 1856, — Peck, J., presiding.

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Assumpsit on a promissory note for four hundred dollars, dated November 13, 1848, signed by Gardner G. Smith and the defendant, and payable to the plaintiffs ten days from date. Plea, the general issue, and trial by jury, at the June Term, 1856, — Peck, J., presiding. The plaintiffs, on trial, introduced the note in question, and claiméd to recover the amount of a three hundred dollar note, dated April 30, 1849, payable on demand, signed by Gardner G, Smith, and interest on that sum from the date of the three hundred dollar note, which they also gave in evidence. The plaintiffs also…

1Opinion of the Court

The opinion of the court was delivered by

Bennett, J.

The plaintiffs seek to recover on the note now in suit three hundred dollars, and the interest on it, which sum the bank advanced to Gardner G. Smith on his individual note, dated some six months after the note now in suit, and the question is whether the bank can recover on this note against the defendant upon the facts, which upon the bill of exceptions, we are to assume as established. Under the uniform course of decisions in this state it was competent to show by parol, that the defendant was but a surety on this note, and if this be…

2Cases cited2 opinions

  1. Miller v. StewartSupreme Court of the United States · 1824
  2. Brush v. ScribnerSupreme Court of Connecticut · 1836

3Cited by5 opinions

  1. Stern v. SawyerSupreme Court of Vermont · 1905
  2. Arbuckle v. TempletonSupreme Court of Vermont · 1892
  3. Smith v. FreylerMontana Supreme Court · 1882
  4. Farmers & Mechanics' Bank v. HathawaySupreme Court of Vermont · 1864
  5. Harrington v. WrightSupreme Court of Vermont · 1876

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