Cross v. Mann
Supreme Court of Vermont
This case was heard at the September Term, 1880 ; Royce, Chancellor, upon the report of a special master, who allowed the defendant $162.60, paid as extra interest, in payment of the debt —sustained the master and decreed accordingly. The facts sufficiently appear in the opinion of the court. A payment upon one note is never regarded as a payment upqn any other note.
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This case was heard at the September Term, 1880 ; Royce, Chancellor, upon the report of a special master, who allowed the defendant $162.60, paid as extra interest, in payment of the debt —sustained the master and decreed accordingly. The facts sufficiently appear in the opinion of the court. A payment upon one note is never regarded as a payment upqn any other note. Ewing's Executor v. Griswold, 43 Vt. 400. The usury so paid was not included in the notes now held by the orator or the $1,299.17 note, and cannot be regarded as a payment upon either of said notes. Usury, when paid, is never…
1Opinion of the Court
The opinion of the court was delivered by
Veazey, J.
This is a petition to foreclose a mortgage. The bill was taken as confessed, no answer being filed, and the cause was referred to a master to take the account, upon which decree passed and the petitioner appealed. The orator holds the notes and mortgage only for the purpose of collection ; but the defendants waive all question as to his right to maintain the petition on this ground. The notes in question were not transferred to Hill, the real owner, and in whose behalf this suit is brought, until after they were due, he therefore stands in no…
2Cases cited8 opinions
- Day v. CummingsSupreme Court of Vermont · 1847
- Ewing v. GriswoldSupreme Court of Vermont · 1871
- Grow v. AlbeeSupreme Court of Vermont · 1847
- Nichols & Bliss v. BellowsSupreme Court of Vermont · 1849
- Davis v. ConverseSupreme Court of Vermont · 1863
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3Cited by2 opinions
- Patterson v. GrahamAppellate Court of Illinois · 1891
- Hathaway v. HaganSupreme Court of Vermont · 1891