Seaver v. Durant
Supreme Court of Vermont
Action oe Covenant. Tlte ease was heard upon a motion to dismiss by the plaintiffs, at the Orange County Court, June Term, 1865, Peck, J., presiding. The court, fro forma, dismissed the case in pursuance of the motion, holding that Geo. A. Low had no legal right to maintain this suit in the name of the nominal plaintiffs with- ‘ out their consent, and on the terms proposed, to which decision Low excepted. The facts are sufficiently stated in the opinion of the court.
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Action oe Covenant. Tlte ease was heard upon a motion to dismiss by the plaintiffs, at the Orange County Court, June Term, 1865, Peck, J., presiding. The court, fro forma, dismissed the case in pursuance of the motion, holding that Geo. A. Low had no legal right to maintain this suit in the name of the nominal plaintiffs with- ‘ out their consent, and on the terms proposed, to which decision Low excepted. The facts are sufficiently stated in the opinion of the court. I. The covenants were made for the sole benefit of the property, and so far the benefit of the party who should redeem, and…
1Opinion of the Court
The opinion of the court was delivered by
Steele, J.
This is an action of covenant and comes here upon a motion to dismiss, founded upon an agreed state of facts to determine whether George A. Low, may, by giving indemnity, prosecute this suit in the name of the plaintiffs, contrary to their will for his own benefit. Timothy Morse, the plaintiffs’ testator was the mortgagee in posession after condition broken, of certain real estate, of which Low owned the equity of redemption. Morse covenanted with the defendants to deed it to them if Low did not redeem it, and to let the defendants occupy it…
2Cases cited2 opinions
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- Chapman v. SmithSupreme Court of Vermont · 1837
3Cited by10 opinions
- Hubbell v. . MoulsonNew York Court of Appeals · 1873
- Van Dyke v. Grand Trunk Railway Co.Supreme Court of Vermont · 1911
- Town of Bristol v. United States ex rel. Small Business AdministrationDistrict Court, D. Vermont · 1970
- Dolan v. Midland Blast Furnace Co.Supreme Court of Iowa · 1904
- Kelly v. Clement National BankSupreme Court of Vermont · 1940
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