Legal Opinion

Burke v. Whitcomb

Supreme Court of Vermont

Decided February 15, 1841PublishedCited by 5 opinions

Trustee Process, against Henry Whitcomb, as trustee of William Davis. At the November term of the county court, 1839, the said Henry Whitcomb disclosed as follows :— ‘ That on the 27th day of March, 1839, said Henry pur- ‘ chased of said Davis a piece of land lying in Springfield, for ‘ which he was to pay said Davis fifty dollars, subject to the c condition specified in a note or obligation which he, on the ‘ same day, executed to said Davis for said land; which land, ‘ at…

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Trustee Process, against Henry Whitcomb, as trustee of William Davis. At the November term of the county court, 1839, the said Henry Whitcomb disclosed as follows :— ‘ That on the 27th day of March, 1839, said Henry pur- ‘ chased of said Davis a piece of land lying in Springfield, for ‘ which he was to pay said Davis fifty dollars, subject to the c condition specified in a note or obligation which he, on the ‘ same day, executed to said Davis for said land; which land, ‘ at the time of said purchase, was subject to the incumbrance ‘ of a mortgage deed, executed by said Davis to Selden Cook, c…

1Opinion of the Court

The opinion of the court was delivered by

Bennett, J.

This suit was commenced before the passage of the revised statutes. The note, set forth in the disclosure, is payable upon a condition, that is, when the incum-brances then existing upon the land, the conveyance of which was the consideration of the note, should have been removed. This was a condition precedent, and the note was payable upon a contingency. It was not a debt, in presentí, to be discharged in futuro. Its becoming a debt rested in contingency. Until the condition was performed, no indebtedness existed, and no right of action…

2Cited by5 opinions

  1. Downer v. CurtisSupreme Court of Vermont · 1853
  2. Kirby Planing Mill Co. v. TitusCourt of Appeals of Georgia · 1913
  3. Reinhart v. HardestyNevada Supreme Court · 1882
  4. Rowell v. FelkerSupreme Court of Vermont · 1881
  5. Denison v. PetrieSupreme Court of Vermont · 1843

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