Green v. McDonald
Supreme Court of Vermont
Appeal in Chancery. Decree was rendered in the cause in January, 1900, and various proceedings were had in order, that the defendants might obtain a hearing in the Supreme Court, but without avail. An appeal was dismissed for that it was not taken within the time required.
Read the full summary
Appeal in Chancery. Decree was rendered in the cause in January, 1900, and various proceedings were had in order, that the defendants might obtain a hearing in the Supreme Court, but without avail. An appeal was dismissed for that it was not taken within the time required. At the March Term, 1901, Franklin County, Taft, Chancellor, presiding, on the defendants’ motion, the cause was brought forward, the decree stricken off, and new decree rendered dismissing the bill as to the defendant McDonald, and for the orators against the other defendants. The defendant Sowles and the defendant Burton’s…
1Opinion of the CourtRowBll, J.
When this case was here in 1897,—70 Vt. 372,—it was held that the orators were not entitled to relief under the mechanic’s liens, because there was no finding that McDonald was authorized to charge the interest of Burton and Sowles with the repairs made by the orators. But the orators now claim that there is such a finding, and refer for it to the master’s last report, made in September, 1899, where it says that as far as the act of Burton and Sowles in agreeing to pay the orator’s debt as a part of the consideration of the chattel mortgage of June 30, 1881, was a ratification of McDonald’s…
2Cases cited6 opinions
- Keller v. AshfordSupreme Court of the United States · 1890
- Furnas v. DurginMassachusetts Supreme Judicial Court · 1876
- Williams v. VanderbiltIllinois Supreme Court · 1893
- Rector, Etc., of Trinity Church v. . HigginsNew York Court of Appeals · 1872
- Ayers v. . DixonNew York Court of Appeals · 1879
1 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Pike Industries, Inc. v. Middlebury AssociatesSupreme Court of Vermont · 1981
- Lamoille County Savings Bank & Trust Co. v. BeldenSupreme Court of Vermont · 1916
- Fish v. First Nat. BankCourt of Appeals for the Ninth Circuit · 1907
- Carmichael v. ArmsIndiana Court of Appeals · 1912
- Perry v. WardSupreme Court of Vermont · 1909
10 more not listed; retrieve them via the Exa API.