Collins v. Adams's Executors
Supreme Court of Vermont
This case was heard on a master’s report, at the September Term, 1880. Ross, Chancellor. Bill dismissed. As to whether the transaction was a payment the master reported : On the hearing before me the orator called as a witness, the said Lucius Collins, who testified that soon after the aforesaid note for seven hundred and fifty dollars became due, Joseph Adams called on the witness for the money due on said note; that witness said he could not pay it; that said Adams then…
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This case was heard on a master’s report, at the September Term, 1880. Ross, Chancellor. Bill dismissed. As to whether the transaction was a payment the master reported : On the hearing before me the orator called as a witness, the said Lucius Collins, who testified that soon after the aforesaid note for seven hundred and fifty dollars became due, Joseph Adams called on the witness for the money due on said note; that witness said he could not pay it; that said Adams then asked witness if he could not get some of his friends to help him; that the witness said he would try; that soon after the…
1Opinion of the Court
The opinion of the court was delivered by
Taft, J.
Joseph Adams, the defendants’ testator, held a mortgage against Lucius Collins and Louisa S. Collins. The orator furnished Lucius Collins with money to take up one of the notes secured by the mortgage ; and he did so, informing Adams that it was the orator’s money, and directing him not to cancel the note, as the orator was going to hold it. To this information Adams made no reply. The defendants, as executors, have foreclosed the mortgage and taken possession of the premises. The orator now seeks to participate in the mortgage security. The…
2Cases cited1 opinion
- West v. Bank of RutlandSupreme Court of Vermont · 1847
3Cited by5 opinions
- Wells v. TuckerSupreme Court of Vermont · 1884
- Ferree v. New York Security & Trust Co.Court of Appeals for the Eighth Circuit · 1896
- Bartlett v. WadeSupreme Court of Vermont · 1894
- Deavitt v. RingSupreme Court of Vermont · 1904
- Ball v. SerumAppellate Court of Illinois · 1899