Lamoille County Nat. Bank v. Hunt

• Decision Date: 11 February 1899
• Citation: Lamoille County Nat. Bank v. Hunt, 71 Vt. 251, 44 A. 347 (Vt. 1899)
• Court: Vermont Supreme Court
• Parties: LAMOILLE COUNTY NAT. BANK v. HUNT.

44 A. 347

71 Vt. 251

LAMOILLE COUNTY NAT. BANK

v. HUNT.

Supreme Court of Vermont. Lamoille.

Feb. 11, 1899.

Exceptions from Lamoille countycourt; Start, Judge.

Action of general and special assumpsit by Lamoille County National Bank against B. A. Hunt.There was a judgment for plaintiff, and defendant excepts.Affirmed.

R. W. Hulburd, for plaintiff.

B. A Hunt, pro se.

ROWELL, J.The exception to overruling the demurrer to the declaration being waived, and there being no exception touching the matter of usury, the only question is as to certain remarks of plaintiff's counsel in argument to the jury.The action is for the recovery of three promissory notes, signed by the defendant as surety.The defendant conceded his liability on one of the notes, but claimed that the other two were paid by giving a new note, not in suit, for the balance due thereon; and the jury so found.

In arguing this question of payment, plaintiff's counsel said that the defendant was not doing the business of signing these notes as a matter of charity; that, if the note not in suit was taken as payment, it would then result in a delay only; that the same defenses were open in the case on trial, but that delays sometimes allowed debtors to put their property beyond the reach of process; and that all these matters were to be considered by the jury.Thereupon the defendant objected, and asked for an exception, on the ground that there was...