Legal Opinion

Foster v. Johnson

Supreme Court of Vermont

Decided January 15, 1833PublishedCited by 2 opinions

This was an action of assumpsit, which comes up from the County Court by a bill of exceptions, too prolix to be published. The plaintiff obtained a verdict, and the defendant excepted to the decisions and charge. The facts, in substance, were these. The plaintiff and defendant and three others signed a note, as sureties for one Isaac N. Foster, to the Bank, at St. Albans, for $250. Said Isaac N. soon became wholly insolvent, and the debt rested on his sureties only.

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This was an action of assumpsit, which comes up from the County Court by a bill of exceptions, too prolix to be published. The plaintiff obtained a verdict, and the defendant excepted to the decisions and charge. The facts, in substance, were these. The plaintiff and defendant and three others signed a note, as sureties for one Isaac N. Foster, to the Bank, at St. Albans, for $250. Said Isaac N. soon became wholly insolvent, and the debt rested on his sureties only. They confessed a joint judgement for the amount, and execution issued. The defendant and the other three were committed to…

1Opinion of the CourtHutchinson, C. J.

The Bill of exceptions, in this case,, presents, among other things, the ordinary case of a surety paying money for an insolvent principal, and calling upon a co-surcty to contribute his proportion of the money paid. But the defendant’s counsel contend, that, there being more than two sureties, one has no remedy at law against another, but must resort to chancery. The case cited from the 16th of Com. law reports, to support this proposition, yields it no support. That was the case of a several bond, and not joint, nor joint and several. And the point decided was, that the breaking off the…

2Cited by2 opinions

  1. Rush v. BishopTexas Supreme Court · 1883
  2. McAdams v. DunsonOhio Court of Appeals · 1915

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