62 Vt. 460 | Vt. | 1890
The opinion of the court was delivered by
This was an action of general and special assumpsit. The plaintiff introduced in evidence a note payable to Wm. W. Martin or bearer, signed by Oscar E. Dodge, and a lien contract reciting that said note was given for one bay mare, and that the mare was to remain the property of Martin until the note was paid, which was signed by said Dodge and by W. II. Eifield and the defendant, and offered to prove that the defendant signed said contract as surety for said Oscar E. Dodge, and that it was meant and intended by the parties to be a signature to the whole instrument and to make the defendant liable upon the note, and that he so understood when he signed it. The court rejected the evidence and rendered judgment for' the
Judgment reversed and cause remanded.