Legal Opinion

Ricketson v. Lizotte

Supreme Court of Vermont

Decided October 10, 1916PublishedCited by 13 opinions

Covenant, on a bond under seal. Plea, the general issue. Trial by court at the March Term, 1914, Chittenden County, Fish, J., presiding. Judgment for the plaintiff. Both parties excepted. The opinion states the case. The bond was continuing in its nature and unlimited as to time. Hence, the sureties could terminate their liability as to future transactions, by notice to the obligee.

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Covenant, on a bond under seal. Plea, the general issue. Trial by court at the March Term, 1914, Chittenden County, Fish, J., presiding. Judgment for the plaintiff. Both parties excepted. The opinion states the case. The bond was continuing in its nature and unlimited as to time. Hence, the sureties could terminate their liability as to future transactions, by notice to the obligee. Metropolitan Washing Machine Co. v. Morris & Butterfield, 39 Vt. 393; White Sewing Machine Company v. Courtney, 141 Cal. 674, 75 Pac. 296; Gay v. Ward, 67 Conn. 147; Mam'eroiv v. National Lead Company, 206 111.…

1Opinion of the Court

Munson, C. J..

The defendants are sued as sureties of John Lizotte on a bond executed to the plaintiff, and conditioned that the principal should faithfully discharge his duties as the obligee’s clerk, salesman and collector, and account for all moneys and property coming into his possession and control. The case describes John Lizotte as a commercial traveller and a son of the defendants.

The case was tried by the court. The findings reported are based on a statement of account running from June 9, 1911 to July 27, 1912. The bond bears date July 26, 1911. A letter notifying the plaintiff that…

2Cases cited11 opinions

  1. LaRose v. Logansport National BankIndiana Supreme Court · 1885
  2. Saint v. Wheeler & Wilson Manufacturing Co.Supreme Court of Alabama · 1891
  3. Kernochan v. . MurrayNew York Court of Appeals · 1888
  4. Jordan v. DobbinsMassachusetts Supreme Judicial Court · 1877
  5. Gay v. WardSupreme Court of Connecticut · 1895

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3Cited by13 opinions

  1. Emerick v. Connecticut General Life InsuranceSupreme Court of Connecticut · 1935
  2. Lawrence v. American Surety Co.Michigan Supreme Court · 1933
  3. Shears v. All States Life Ins. Co.Supreme Court of Alabama · 1942
  4. Bremer v. RufenerWisconsin Supreme Court · 1925
  5. Chain v. WilhelmCourt of Appeals for the Fourth Circuit · 1936

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