Wells & Dewing v. Wells & Scribner
Supreme Court of Vermont
This case was heard on bill, answer, traverse and testimony, at the March Term, 1879, Redfield, Chancellor. Decree, proforma, dismissing the bill, with costs, and appeal.
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This case was heard on bill, answer, traverse and testimony, at the March Term, 1879, Redfield, Chancellor. Decree, proforma, dismissing the bill, with costs, and appeal. The orators, in substance, allege in their bill, that defendants signed as sureties with them a bank note, and had it to pay; that they placed in their hands a mortgage note as collateral security, and that said note was the private property of orator Dewing; that defendants brought suit against them for what they had paid the bank, and that said suit was then pending in court; that defendants had ample security, having…
1Opinion of the Court
The opinion of the court was delivered by
Barrett, J.
The ground of complaint in the bill is that the defendants, though requested, refused and neglected to collect the mortgage note, impairing its value by delaying the collection thereof. The answer meets and makes issue upon the substance *4of said ground of complaint. The evidence fails to show any request to collect the note, and shows only a request to foreclose the mortgage.
The case has been presented for orators in the argument, as if the bill had complained of refusal and neglect to foreclose the mortgage, whereby the value of the…
2Cited by6 opinions
- Daniels v. Elks Club of Hartford and the Human Rights CommissionSupreme Court of Vermont · 2012
- Baker v. BurkettMississippi Supreme Court · 1897
- Saposnick v. KenigSupreme Court of Connecticut · 1936
- Faunce v. SchuellerSupreme Court of Minnesota · 1943
- Scott v. First National Bank of TulsaCourt Of Appeals Of Indian Territory · 1904
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