Perry v. Ward
Supreme Court of Vermont
General Assumpsit. Plea, the general issue. Trial by court at the March Term, 1908, Washington County, Hall, J., presiding. Judgment for defendant. The plaintiff excepted. The opinion states the case.
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General Assumpsit. Plea, the general issue. Trial by court at the March Term, 1908, Washington County, Hall, J., presiding. Judgment for defendant. The plaintiff excepted. The opinion states the case. As soon as the defendant failed to pay the interest as it fell due, the plaintiff, without paying the interest himself, had the right to bring an action against the defendants for its recovery'. The plaintiff did not have to first pay the debt or make a settlement or wait until he was sued. “By the common law, where the condition of the obligation was merely to indemnify and save harmless, the…
1Opinion of the CourtRowell, C. J.
On February 26, 1902, one Sprague sold and conveyed a farm to the plaintiff, who gave back a mortgage thereon to secure his note for $2,750 for part of the price, payable at five years date with interest annually. Six months, later, the plaintiff sold and conveyed the farm to the defendants, who, in the deed to them, assumed and agreed to pay the mortgage debt as part of the price. Subsequently the defendants sold and conveyed the farm to Carr and wife, who, in like manner, assumed and agreed to pay said debt as a part of the price; and they sold and conveyed it to Curtis and wife in the same…
2Cases cited8 opinions
- Locke v. HomerMassachusetts Supreme Judicial Court · 1881
- Comstock v. . DrohanNew York Court of Appeals · 1877
- Drury v. HoldenIllinois Supreme Court · 1887
- Rice v. SandersMassachusetts Supreme Judicial Court · 1890
- Green v. McDonaldSupreme Court of Vermont · 1902
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- L. Paul Dieffenbach, Jr. v. Attorney General of Vermont, Hazel M. Stevenson, Robert B. Young, First National Bank of Orwell, Inc.Court of Appeals for the First Circuit · 1979
- Vermont Home Mortgage Credit Agency v. Montpelier National BankSupreme Court of Vermont · 1970
- Brown v. AllenSupreme Court of Iowa · 1872
- Linbrook Realty Corp. v. RogersSupreme Court of Virginia · 1932
- Bissonnette v. WylieSupreme Court of Vermont · 1994
4 more not listed; retrieve them via the Exa API.