Legal Opinion

Norton v. Henry

Supreme Court of Vermont

Decided January 15, 1895PublishedCited by 3 opinions

Debt on bond. Heard upon the report of a referee at the September term, 1894, Washington county, Munson, J., presiding. Judgment for the plaintiff for the sum found due. The defendant excepts. When Mower accepted the deed of the equity of the defendants he became in equity the principal on this bond, the defendants being sureties.

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Debt on bond. Heard upon the report of a referee at the September term, 1894, Washington county, Munson, J., presiding. Judgment for the plaintiff for the sum found due. The defendant excepts. When Mower accepted the deed of the equity of the defendants he became in equity the principal on this bond, the defendants being sureties. Belmont v. Coman, 22 N. Y. 438; Marsh v. Pike, 10 Paige Ch. 595 ; Paine v. Jones, 76 N. Y. 278; Cornell v. Prescott, 2 Barb. 16; Comstock v. Drohan, 71 N. Y. 12; Flagg v. Gillmacher, 98 111. 293 ; Thorp v. Coal Company, 48 N. Y. 256 ; Bentley v. Vanderheyden, 35 'N.…

1Opinion of the CourtStart, J.

The defendants executed a mortgage of the High Rock Spring premises at Saratoga Springs, N. Y., conditioned for the payment of thirteen thousand eight hundred and seventy-five dollars, and gave their joint and several bond conditioned for the payment of the same sum. Defendants Frank S. Henry and Harvey R. Henry conveyed their shares in the equity of redemption in the premises to one Mower, and Mower assumed and agreed to pay *310the mortgage debt pro rata according to the interest of his grantors. Mower and defendant Lance quit-claimed the entire premises to Walter S. Henry, and he conveyed the…

2Cases cited1 opinion

  1. Worcester Mechanics' Savings Bank v. ThayerMassachusetts Supreme Judicial Court · 1884

3Cited by3 opinions

  1. Red Deer Oil Development Co. v. HugginsCourt of Appeals of Texas · 1913
  2. First National Bank & Trust Co. v. StrongSupreme Court of Connecticut · 1930
  3. Petters v. StormNebraska Supreme Court · 1937

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