Shaw v. Carpenter
Supreme Court of Vermont
Petition to foreclose a mortgage. Heard on petition, answer, general replication, and the report of a special master, at the September Term, 1880, Chittenden County, Taft, Chancellor.
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Petition to foreclose a mortgage. Heard on petition, answer, general replication, and the report of a special master, at the September Term, 1880, Chittenden County, Taft, Chancellor. The court ordered, proforma, that a decree of foreclosure be rendered against the defendants, for $51.71. The master found the following: Said mortgage was given by the defendants, except Rodney and Mary Howard, subsequent mortgagees, on the 24th day of July, 1872, to Beniamin D. Peterson, securing the sum of $3,337.81, specified in four promissory notes of even date — the first being for the sum of $937.81, and…
1Opinion of the Court
The opinion of the court was delivered by
Royce, Ch. J.
This cause was heard upon the report of a special master appointed to ascertain and report the amount due on the mortgage described in the petition.
It appears from the report that on the 24th day of July, 1872, one Benj. D. Peterson, who was then engaged in the business of bottling cider, soda, and mineral waters, at the city of Burlington, sold the good will of the business and all his stock, — tools, bottles, machinery, and fixtures, then in use by him in said business, as specified in certain inventories, which were signed by the said…
2Cases cited4 opinions
- Town of Hinesburgh v. SumnerSupreme Court of Vermont · 1837
- Woodruff v. HinmanSupreme Court of Vermont · 1839
- State v. PrattSupreme Court of Vermont · 1861
- Edgell v. StanfordSupreme Court of Vermont · 1834
3Cited by11 opinions
- Smilansky v. Mandel Bros.Michigan Supreme Court · 1931
- Conradt v. LepperWyoming Supreme Court · 1905
- McCullough v. SmithCourt of Appeals for the Eighth Circuit · 1917
- Jacobs v. Clark and ClarkSupreme Court of Vermont · 1942
- State v. BarrSupreme Court of Vermont · 1910
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