Joslyn v. Smith
Supreme Court of Vermont
Assumpsit, 'on a' promissory note, signed by Otis Haven and the defendant, executed more than six years previous to the commencement of this suit. The defendant pleaded non assumpsit and the statute of limitations, and issues were joined to the country.
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Assumpsit, 'on a' promissory note, signed by Otis Haven and the defendant, executed more than six years previous to the commencement of this suit. The defendant pleaded non assumpsit and the statute of limitations, and issues were joined to the country. On the trial in the county court, it appeared, from the testimony, that the defendant signed the note as surety for Haven, and that payments of interest were made upon the note in 1831, 1832, 1835, and 1837, by Haven, which were indorsed upon the note by his directions. The defendant offered testimony tending to prove that the plaintiff had,…
1Opinion of the Court
The"opinion of the court was delivered by
Redfield J.
The defendant signed this note as surety for one Otis Haven. There was testimony offered by the defendant to show that the plaintiff, by agreement with Haven, had from time to time delayed the collection of the note, without the knowledge of this defendant; but no testimony that such agreement was upon any consideration, or that Haven’s circumstances had in the mean time become changed, or his responsibility lessened.
We think this testimony was properly rejected by the court. Doubtless such agreement, made upon sufficient consideration, by…
2Cases cited2 opinions
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