Hickok v. Farmers' & Mechanics' Bank
Supreme Court of Vermont
Bill in Chancery. The bill was dated and sworn to by the orator on the 22nd of September, 1858, and was filed October 4th, 1858, and sot forth in substance, that on the 23rd of June, 1856, Morton Cole, of Burlington, requested the orator, then a resident of New York city, but at that time transiently in Burlington, to sign with him, as his surety, a promissory note for $1500, of that date, and payable at the Farmers and Mechanics’ Bank, of Burlington, four months after date,…
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Bill in Chancery. The bill was dated and sworn to by the orator on the 22nd of September, 1858, and was filed October 4th, 1858, and sot forth in substance, that on the 23rd of June, 1856, Morton Cole, of Burlington, requested the orator, then a resident of New York city, but at that time transiently in Burlington, to sign with him, as his surety, a promissory note for $1500, of that date, and payable at the Farmers and Mechanics’ Bank, of Burlington, four months after date, which note was to be used to renew one of a like amount, held by that bank against Cole and the orator, as his|surety ;…
1Opinion of the Court
Aldis J.
The orator, as surety for Morton Cole, signed a note to the Farmers’ and Mechanics’ Bank for the sum of $1500. By this bill he seeks relief from his liability upon the note, and his claim to relief rests upon four grounds, which are thus stated in the brief of his counsel:
“ 1st. Upon the understanding, had at the time the note in question was executed, that it should be collected when it should fall due — the failure, not only to collect it, but to notify the orator an unsecured surety, that the note was unpaid, and allowing it to run nearly eighteen months, the orator reasonably…
2Cases cited2 opinions
- Administrator of Wilson v. GreenSupreme Court of Vermont · 1853
- Bank v. KlingensmithSupreme Court of Pennsylvania · 1838
3Cited by6 opinions
- Sims v. EverettSupreme Court of Arkansas · 1914
- Smith v. FreylerMontana Supreme Court · 1882
- Quillen v. QuigleyNevada Supreme Court · 1879
- Bank of Neelyville v. LeeMissouri Court of Appeals · 1917
- Gay's Estate v. HassomSupreme Court of Vermont · 1892
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