Churchill v. Cole
Supreme Court of Vermont
Petition for the foreclosure of a mortgage of certain lands in Burlington, executed June 9th, 1843, by the defendant Cole to the oratrix, Lucy Churchill, to secure the pajnnent of a promissory note for fifteen hundred dollars, dated at “Burlington, June 9th, 1843,” and payable to the oratrix or order, in one year from date, with interest annually.
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Petition for the foreclosure of a mortgage of certain lands in Burlington, executed June 9th, 1843, by the defendant Cole to the oratrix, Lucy Churchill, to secure the pajnnent of a promissory note for fifteen hundred dollars, dated at “Burlington, June 9th, 1843,” and payable to the oratrix or order, in one year from date, with interest annually. The petition was brought at the September Term, 1858. On the hearing before the master it appeared that the orator was, at the date of the note, an officer ip the U. S. Army, and neither then was nor since had been a resident of this State; that the…
1Opinion of the CourtPoland, J.
I. We have spent no time in the examination of the ground taken by the orators’ counsel, that the legal rate of interest on the note executed by Cole to the orators was not fixed and governed by the law of this State, in consequence of the orators being non-residents of the State at the date of the note and ever since. As the note was executed and delivered here, and payable generally, and no evidence in the case that any particular place of payment was understood or agreed upon between the parties, it would seem to us pretty difficult to maintain that the contract for interest must not he…
2Cited by5 opinions
- Lamoille County National Bank v. BinghamSupreme Court of Vermont · 1877
- Bank of Newbury v. SinclairSupreme Court of New Hampshire · 1880
- Lafountain v. Burlington Savings BankSupreme Court of Vermont · 1883
- Richardson v. BakerSupreme Court of Vermont · 1880
- Wing v. PeckSupreme Court of Vermont · 1881