Bank of Manchester v. Bartlett
Supreme Court of Vermont
Assumpsit, on a joint and several promissory note, given by Orange Green and the defendant to the plaintiffs. Plea non assumpsit, and trial by the court. The action was tried at the June term of the county court, 1840. On the trial the plaintiffs read in evidence the note declared upon.
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Assumpsit, on a joint and several promissory note, given by Orange Green and the defendant to the plaintiffs. Plea non assumpsit, and trial by the court. The action was tried at the June term of the county court, 1840. On the trial the plaintiffs read in evidence the note declared upon. The defendant then introduced testimony tending to prove that he signed said note as surety only; that some day before said note.became due, Orange Green died ; that, on the third day of June, A, D. 1839, administration was taken out on Green’s estate, and the same represented insolvent; that the probate court…
1Opinion of the Court
The opinion of the court was delivered by
Redfield J.
The present case brings in question a subject upon which there has been first, and last, very much discussion, and upon which the law of different countries has not been uniform. The civil law, founded as it was upon the most enlarged principles of abstract moral equity, extended to sureties some further protection than what has yet been adopted, even in the English chancery. I have not the leisure nor requisite aids, at hand, to enable me fully to state all the provisions of the Roman civil law in favor of sureties. They will be found very…
2Cited by3 opinions
- Levitzky v. CanningCalifornia Supreme Court · 1867
- Brown v. First Nat. Bank of NewtonCourt of Appeals for the Seventh Circuit · 1902
- Patch & Co. v. First National BankSupreme Court of Vermont · 1916