Pierce v. Kibbee
Supreme Court of Vermont
Petition por Foreclosure. The petition alleged execution of a mortgage to Nelson L. Boyden, conditioned for payment of a promissory note for $4,215.40, signed by J. R. & A. B. Crapo, R. B. Goss, and the defendant; assignment thereof by Boyden to the petitioner Downer; assignment by Downer to Mariot G. Howe ; assignment by Howe to the petitioner Pierce; and ownership of an interest therein by Downer and the petitioner Kenney.
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Petition por Foreclosure. The petition alleged execution of a mortgage to Nelson L. Boyden, conditioned for payment of a promissory note for $4,215.40, signed by J. R. & A. B. Crapo, R. B. Goss, and the defendant; assignment thereof by Boyden to the petitioner Downer; assignment by Downer to Mariot G. Howe ; assignment by Howe to the petitioner Pierce; and ownership of an interest therein by Downer and the petitioner Kenney. The petion was answered, the answer traversed, and testimony taken. From the answer and proofs it appeared that in the spring of 1871, J. R. Crapo, Goss, and the…
1Opinion of the Court
The opinion of the court was delivered by
Dunton, J.
The mortgage and note in suit were given as substitutes for a certain other mortgage and notes, given for the agreed price of certain notes called “ lightning-rod notes,” purchased by Crapo and Goss of Noyes and Jenkins, and also to suppress a criminal prosecution for forgery against Crapo and Goss, pending in Massachusetts. The consideration for the original notes being in part illegal, it cannot be questioned but that the notes themselves where invalid while in the hands of the original payees. See Streit & Co. v. Sanborn, 47 Vt. 702;…
2Cases cited8 opinions
- Atwood v. FiskMassachusetts Supreme Judicial Court · 1869
- Town of Hinesburgh v. SumnerSupreme Court of Vermont · 1837
- McNamee v. BuckSupreme Court of Vermont · 1856
- John Roth & Co. v. Colvin, Allen & Co.Supreme Court of Vermont · 1859
- Gould v. StevensSupreme Court of Vermont · 1870
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3Cited by3 opinions
- Island Pond National Bank v. LacroixSupreme Court of Vermont · 1932
- State v. FournierSupreme Court of Vermont · 1896
- JIPAC, NV v. SilasSupreme Court of Vermont · 2002