First National Bank v. Wood
Supreme Court of Vermont
This case was heard at the September Term, 1879, on petition to foreclose a mortgage, answer and the report of a special master. Royce, Chancellor, rendered a decree for the petitioner, allowing the usury in payment of the debt.
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This case was heard at the September Term, 1879, on petition to foreclose a mortgage, answer and the report of a special master. Royce, Chancellor, rendered a decree for the petitioner, allowing the usury in payment of the debt. The master found in effect, that the defendant and H. B. Weeks, on the 1st day of March, 1872, executed a mortgage to the petitioner to secure a note given it for $3750, by the said Weeks, of the same date as the mortgage ; that the note was given to secure the previous indebtedness of Weeks, and an old note secured on the same property; that there was a prior…
1Opinion of the Court
The opinion of the court was delivered by
Veazey, J.
This is a petition to foreclose a mortgage executed by the defendant to secure a debt of one Weeks to the orator. The debt was evidenced by a promissory note of Weeks upon which he had made several payments of usury. An answer was filed, and the cause referred to a special master to find and report the facts. After stating his findings in respect to the payment of the usury and amount, he says: “I find that said W. B. Weeks makes no claim upon the orator for or on account of the extra or usurious interest so paid by him to the orator, and…
2Cases cited6 opinions
- Guild v. ButlerMassachusetts Supreme Judicial Court · 1879
- In re BabcockU.S. Circuit Court for the District of Massachusetts · 1844
- Davis v. ConverseSupreme Court of Vermont · 1863
- Paddleford v. ThacherSupreme Court of Vermont · 1876
- Wells v. MaceSupreme Court of Vermont · 1845
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- In Re KornbluthCourt of Appeals for the Second Circuit · 1933
- Herrington v. . DavittNew York Court of Appeals · 1917
- People's Bank v. DaltonSupreme Court of Oklahoma · 1894
- Barker v. AckersCalifornia Court of Appeal · 1938
- Melton v. SnowSupreme Court of Oklahoma · 1909
1 more not listed; retrieve them via the Exa API.