Noble v. Scofield

Decided January 15, 1872

Supreme Court of Vermont · decided 1872-01-15

Assumpsit upon a promissory note. The defendant, Scofield, pleaded his discharge in bankruptcy in bar to said note, and judgment was rendered upon said plea in favor of said Scofield. The defendant Kendall pleaded the general issue, and also gave notice of special matter in defence. Trial by the court, September term, 1871, Royce, J., presiding.

Cited by 1 later decisions — most recently March 1916

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1872-01-15

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¶1 *285The opinion of the court was delivered by

Wheeler, J.

¶2When Kendall became surety upon the note for Scofield, he assumed upon himself payment of it, if Scofield should not pay it, and took upon himself the risk of any insolvency or bankruptcy into which Scofield might fall, that should either disable him from paying the note himself, or from repaying Kendall if he should pay it.. One of the payees suggested the suretyship and security against its liabilities as an inducement to it, but Scofield procured Kendall to enter into it. No fraud in the payees is found. The insolvency and bankruptcy of Scofield are the very things that Kendall took the risk of, and their occurrence cannot relieve him from his assumption.

¶3Judgment affirmed.