Missisquoi Bank v. Sabin
Supreme Court of Vermont
Assumpsit. The case was referred, and the referee reported as follows: On the 27th of December, 1866, the parties entered into an agreement in writing, as follows: Phillipsbuegíh, Canada East, Dec. 27th, 1866. WHEREAS, suits are now pending in which W. I-I. Sabin and D. D. Wead, receiver of the Missisquoi Bank, are plaintiffs, against Ome La-Grange, and the property of said LaGrange is to he sold this day at public sale by T. S. Brown, official assignee, it is hereby agreed…
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Assumpsit. The case was referred, and the referee reported as follows: On the 27th of December, 1866, the parties entered into an agreement in writing, as follows: Phillipsbuegíh, Canada East, Dec. 27th, 1866. WHEREAS, suits are now pending in which W. I-I. Sabin and D. D. Wead, receiver of the Missisquoi Bank, are plaintiffs, against Ome La-Grange, and the property of said LaGrange is to he sold this day at public sale by T. S. Brown, official assignee, it is hereby agreed between said Sabin and Wead, that Sabin or Saxe shall bid on the property, and if the property shall be struck off to…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
The facts in this case are stated in the report of the referee. Whether the respective mortgages of the parties on the property of La Grange, a bankrupt in Canada, werS valid, was in dispute and litigation. They had a common interest that said property should avail the most in payment of their claims against La Grange. The spirit of the written agreement seems to be, that Sabin or Saxe (a director of the bank) should attend and bid at the auction, to prevent a sacrifice of the property; and if “ struck off” to either, the avails of such…
2Cases cited1 opinion
- Noyes v. DaySupreme Court of Vermont · 1842
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