Wife v. Moore
Supreme Court of Vermont
Petition for the foreclosure of a mortgage. The petition set up the execution of the mortgage sought to be foreclosed, and the note secured thereby by the defendants to Charles II.
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Petition for the foreclosure of a mortgage. The petition set up the execution of the mortgage sought to be foreclosed, and the note secured thereby by the defendants to Charles II. Cook-ings, and Lucy M. Cookings, his wife ; that afterwards the mortgagees assigned said note and mortgage to one William Shepherd, as collateral security for three hundred dollars ; that afterwards said mortgagees assigned said mortgage and note to Anna McCarthy, now Mrs. Upton, one of the petitioners, and wife of the other petitioner, as security for three promissory notes amounting to $1000, and that the…
1Opinion of the Court
The opinion of the court was delivered by
Wheeler, J.
That Cookings and wife did assign the note of the defendant Moore, and the mortgage to secure it, to the oratrix, subject to the right of Shepard, is not in any manner questioned. Moore was a brother of Mrs. Cookings, and from this relation and his connection with the subject of the transaction, it would be quite natural that he should know of the assignment. The testimony of McCarthy, a brother of the oratrix, and of Sheldon, the attorney, who did some of the business, is direct to the effect that he did know of it, and must be wilfully…
2Cited by3 opinions
- St. Albans Granite Co. v. Elwell & Co.Supreme Court of Vermont · 1915
- Powers v. New England Fire InsuranceSupreme Court of Vermont · 1897
- Preston v. Russell, Follensby & Co.Supreme Court of Vermont · 1899