Blodgett v. Hobart
Supreme Court of Vermont
Appeal from the court of chancery. The orators alleged in their bill, in substance, that in 1836 Thomas S. Hobart and William Foster applied to the orators Joseph Blodgett, Eli Blodgett and William Nutting, and to the intestate Seth Washburn to sign with them a note for three thousand dollars to the Bank of Orange County, and agreed to secure them therefor by a mortgage of the real estate owned by them jointly, and also by a mortgage of certain real estate owned by them…
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Appeal from the court of chancery. The orators alleged in their bill, in substance, that in 1836 Thomas S. Hobart and William Foster applied to the orators Joseph Blodgett, Eli Blodgett and William Nutting, and to the intestate Seth Washburn to sign with them a note for three thousand dollars to the Bank of Orange County, and agreed to secure them therefor by a mortgage of the real estate owned by them jointly, and also by a mortgage of certain real estate owned by them individually, — it being understood, that Hobart was. to secure two thirds of the amount and Foster the remaining one third;…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
The primary object of the original bill is to reform a mortgage deed, executed by Thomas S. Hobart and William Foster on the second day of April, 1836, to the orators, to indemnify them against signing a note to the Bank of Orange County, as sureties, for Hobart & Foster, who were at that time the owners of a woolen factory, which they were carrying on. It seems, that Hobart owned two thirds of the establishment and Foster-the remaining one third, and that the money raised from them was for their use in the same proportions, and that Hobart…
2Cases cited2 opinions
- Le Grand Cannon v. NortonSupreme Court of Vermont · 1842
- Pierson v. ClayesSupreme Court of Vermont · 1843
3Cited by18 opinions
- Glass v. HulbertMassachusetts Supreme Judicial Court · 1869
- Sims v. RigginsSupreme Court of Alabama · 1917
- First National Bank v. WentwortSupreme Court of Kansas · 1882
- Parker v. StarrNebraska Supreme Court · 1887
- Brandon Manuf'g Co. v. PrimeU.S. Circuit Court for the District of Vermont · 1878
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