Early v. Flannery
Supreme Court of Vermont
Petition to foreclose a mortgage executed to the petitioner by png Henley, on April 20, 1865- The petition was answered, and testimony taken. The defence was payment. At the'September term, 1874, Pierpoint, Chancellor, the petition was dismissed, pro forma, with costs, without hearing. Appeal by the petitioner. The case is stated in the opinion.
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Petition to foreclose a mortgage executed to the petitioner by png Henley, on April 20, 1865- The petition was answered, and testimony taken. The defence was payment. At the'September term, 1874, Pierpoint, Chancellor, the petition was dismissed, pro forma, with costs, without hearing. Appeal by the petitioner. The case is stated in the opinion. The right of the petitioner to apply the payment on the Glynn notes, will not be denied, unless a- different application was directed by the debtor. In the absence of any application, the law would apply the payments to the older and unsecured debt.…
1Opinion of the Court
The opinion of the court was delivered by
Royce, J.
The facts which we find from the bill, answers, and evidence, are, that at the time Henley executed the notes described in the bill, the orator paid him as the consideration for said notes, $780, and agreed to pay him $220 more within a short time thereafter; but instead of paying said last-mentioned sum, it was agreed -between Early and Henley that Early should indorse that amount on the note that would first fall due. Early made the indorsement, leaving $30 which would be due on that note, with the interest on the same, on the 20th of April,…
2Cases cited4 opinions
- Jackson v. WeisigerCourt of Appeals of Kentucky · 1809
- Cloney Crawford & Co. v. RichardsonSupreme Court of Missouri · 1864
- Seymour v. SextonSupreme Court of Pennsylvania · 1840
- McDowell v. Blackstone Canal Co.U.S. Circuit Court for the District of Rhode Island · 1827
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