Spaulding v. Davis
Supreme Court of Vermont
General Assumpsit. Plea, the general issue, and trial by the court, April Term, 1878, Powers, J., presiding. The plaintiff sought to recover the sum of $87 with interest thereon, paid for usurious interest. The facts appear from the opinion of the court. The court rendered judgment for the full amount claimed; to which the defendant excepted. A trust was created by the arrangement between the defendant and Parker.
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General Assumpsit. Plea, the general issue, and trial by the court, April Term, 1878, Powers, J., presiding. The plaintiff sought to recover the sum of $87 with interest thereon, paid for usurious interest. The facts appear from the opinion of the court. The court rendered judgment for the full amount claimed; to which the defendant excepted. A trust was created by the arrangement between the defendant and Parker. Porter v. Bank of Bulland, 19 Yt. 410. The court erred, therefore, in finding that in effect Parker was the defendant’s agent. The extra interest included in the eighty-dollar notes…
1Opinion of the Court
The opinion of the court was delivered by
Kedfield, J.
On the 25th of November, 1872, Warren Spaulding (plaintiff’s father), obtained a loan of the defendant of $1,000, and mortgaged his farm as security therefor to one Nathan Parker, and with a condition in the mortgage that he should pay to said Parker in trust seven promissory notes of the same date, six for the sum of $80 each, the first payable in one year, and annually thereafter for six years, and one for $1,000, payable in six years from date. The plaintiff purchased this farm of his father March 31, 1873, and assumed and agreed to pay…
2Cases cited2 opinions
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- Nelson v. CooleySupreme Court of Vermont · 1848
3Cited by3 opinions
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- Brown v. PiliniSupreme Court of Vermont · 1970
- Brown v. PiliniSupreme Court of Vermont · 1970