Legal Opinion

Austin v. Harrington

Supreme Court of Vermont

Decided December 15, 1855PublishedCited by 9 opinions

Bill of foreclosure of mortgage. The master, to whom it was referred to ascertain and report the amount due, reported the following facts. On the 5th of March, 1847, the oratrix loaned to the defendant the sum of $ 7,000.00, for which the defendant gave his note, payable to the oratrix, and 'secured by mortgage.

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Bill of foreclosure of mortgage. The master, to whom it was referred to ascertain and report the amount due, reported the following facts. On the 5th of March, 1847, the oratrix loaned to the defendant the sum of $ 7,000.00, for which the defendant gave his note, payable to the oratrix, and 'secured by mortgage. Gustavus A. Austin, the son of the oratrix, was her general agent to transact her business, and the contract for said loan was made by and between the defendant and the said Gustavus A, as the agent of the oratrix, at the house of the oratrix in Orwell; and it did not appear that the…

1Opinion of the Court

The opinion of the court was delivered by

Isiiam, J.

The question in this case arises 'upon the report of the master, in stating the balance due on the mortgage debt, on which this bill of foreclosure is brought. It is claimed that the sum of $ 175,00 should be deducted from the debt for which this mortgage was given, as having been usuriously taken at the time the loan was made. There is no doubt that such should be the result, if, in point of fact, the transaction was usurious, and that amount was paid under those circumstances; for it is optional with the party paying the money, to treat it…

2Cases cited6 opinions

  1. President of the Bank of the United States v. OwensSupreme Court of the United States · 1829
  2. Sinking Fund Com'rs v. Northern Bank Ky.Court of Appeals of Kentucky · 1858
  3. Bridge v.HubbardMassachusetts Supreme Judicial Court · 1818
  4. Nichols & Bliss v. BellowsSupreme Court of Vermont · 1849
  5. Nelson v. CooleySupreme Court of Vermont · 1848

1 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Condit v. . BaldwinNew York Court of Appeals · 1860
  2. Jordan v. HumphreySupreme Court of Minnesota · 1884
  3. Vahlberg v. KeatonSupreme Court of Arkansas · 1889
  4. Bell v. . DayNew York Court of Appeals · 1865
  5. Low v. Estate of MusseySupreme Court of Vermont · 1863

4 more not listed; retrieve them via the Exa API.

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