McDonald v. McDonald
Supreme Court of Vermont
Appeal from the court of chancery. The orator set forth, in his bill, that, prior to Dec. 25, 1835, the defendant Donald McDonald was indebted to one Sommers in the sum of $160, the payment of which was secured by a mortgage of certain land of the said Donald ; that Donald applied to the orator to borrow money to pay off said debt; and that the orator did lend to him the sum of $160, which Donald then received, and applied in payment and discharge of the debt due to Sommers,…
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Appeal from the court of chancery. The orator set forth, in his bill, that, prior to Dec. 25, 1835, the defendant Donald McDonald was indebted to one Sommers in the sum of $160, the payment of which was secured by a mortgage of certain land of the said Donald ; that Donald applied to the orator to borrow money to pay off said debt; and that the orator did lend to him the sum of $160, which Donald then received, and applied in payment and discharge of the debt due to Sommers, and executed to the orator a note for the sum so advanced by him, payable in January, 1837, and at the same time…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
This case seems to have been decided in the court of chancery upon the ground that the answers were not traversed, — which would make them evidence to their full extent; and as in this case the answer of Donald McDonald insists that the exchange of notes was made with the express agreement that the orator should release his claim upon the land, there could, in that view of the case, be no doubt as to the defendants’ right to a decree. .But, it now appearing that the answers were traversed, it becomes necessary to inquire how far the answer…
2Cases cited1 opinion
- Dana v. BinneySupreme Court of Vermont · 1835
3Cited by6 opinions
- Pacific National Agricultural Credit Corp. v. WilburCalifornia Supreme Court · 1935
- United States v. GroverDistrict Court, N.D. California · 1915
- Seymour v. DarrowSupreme Court of Vermont · 1858
- St. Albans Trust Co. v. FarrarSupreme Court of Vermont · 1881
- Lane v. SoverignU.S. Circuit Court for the Northern District of Illnois · 1890
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