Holton v. Brown
Supreme Court of Vermont
Ejectment, founded upon, a mortgage. Plea, the general issue, and trial by the court, — Bennett, J., presiding. On trial it appeared that the mortgage was executed for the security of a promissory note, and that the plaintiff, prior to the commencement of this action, directed the defendant to pay the note to Horatio Seymour, with whom, as agent and attorney for the plaintiff, the note was left; that the defendant tendered to Seymour the amount due, and demanded the note;…
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Ejectment, founded upon, a mortgage. Plea, the general issue, and trial by the court, — Bennett, J., presiding. On trial it appeared that the mortgage was executed for the security of a promissory note, and that the plaintiff, prior to the commencement of this action, directed the defendant to pay the note to Horatio Seymour, with whom, as agent and attorney for the plaintiff, the note was left; that the defendant tendered to Seymour the amount due, and demanded the note; that Seymour replied that he had had the note, and that it was somewhere among his papers, but that it was mislaid, and…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
The simple question in this case is, whether the plaintiff’s right of action is barred by reason of the tender, which is insisted upon in the defence. When the money was tendered, the note secured by the mortgage was demanded, and the defendant re*226fused to part with the money, unless the note was surrendered. The note was at that time mislaid, but Seymour proposed to receive the money and discharge the note and mortgage; but the defendant declined to leave the money on such terms. This note was payable to Jesse Stratton or order, and has…
2Cases cited1 opinion
- Lazell v. LazellSupreme Court of Vermont · 1840
3Cited by6 opinions
- Moore v. NormanSupreme Court of Minnesota · 1892
- Lindsay v. MathewsSupreme Court of Florida · 1880
- Trudeau v. LussierSupreme Court of Vermont · 1963
- Perkins v. Factory Point National BankSupreme Court of Vermont · 1979
- Davidge v. SimmonsCourt of Appeals for the D.C. Circuit · 1920
1 more not listed; retrieve them via the Exa API.