30 Vt. 604 | Vt. | 1858
The opinion of the"court was delivered by
The contract or note signed by the plaintiff the defendant, and Burnham, was upon its face an attempt by all the signers to aid Jessup to get bail, and to secure some one for becoming his bail.
We think the plaintiff could xiot make himself the defendant’s surety, without any request, and without his knowledge even. But the question was wholly one of fact, for the county court to find, and they have found that the plaintiff and the defendant both stood in the same relation upon the note, which we suppose to mean, that they were either both joint principals, or joint sureties, for Burxiham or Jessup; in either event, the one paying the whole, could only recover a moiety of the other.
It does not appear but that the county court gave all px’oper legal force to the addition of surety to the plaintiff’s name, and we see no reason to doubt that its prima facie effect was fully ovex’come by the proof in the case.
The judgment of the couxxty court is affirmed.