Lovell v. Leland
Supreme Court of Vermont
This was an action of assumpsit on a promissory note, executed by the defendant to the plaintiff, dated June 17,1820, for $400, payable in three years from the 1st day of November next after date. Plea, general issue. It appeared on the trial in the county court that the note in question, together with four others, was secured by a mortgage on certain real estate in Weston in the county of Windsor.
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This was an action of assumpsit on a promissory note, executed by the defendant to the plaintiff, dated June 17,1820, for $400, payable in three years from the 1st day of November next after date. Plea, general issue. It appeared on the trial in the county court that the note in question, together with four others, was secured by a mortgage on certain real estate in Weston in the county of Windsor. Before the note in question became due, the plaintiff assigned the mortgage and notes to Ichabod Onion, who afterwards brought a bill to foreclose the equity of redemption of the mortgaged…
1Opinion of the Court
After argument,
Williams, J.,
delivered the opinion of the Court. — The questions which are embraced in the consideration of this case are of very great importance in this state. They have been fully investigated and very ably argued. We have endeavoured to bestow upon them ail the consideration which their importance merits, sensible that a decision either way will conflict with opinions which have at different times been entertained in this state, and with decisions which have been made in different states.
It is contended by the plaintiff that, from the facts which were proved in this case,…
2Cases cited4 opinions
- Dunkley v. Van BurenNew York Court of Chancery · 1818
- Amory v. FairbanksMassachusetts Supreme Judicial Court · 1793
- Derby Bank v. LandonSupreme Court of Connecticut · 1819
- Hatch v. WhiteU.S. Circuit Court for the District of New Hampshire · 1814
3Cited by15 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
- Sprague v. MartinSupreme Court of Minnesota · 1882
- Paris v. HulettSupreme Court of Vermont · 1854
- Whiting v. ButlerMichigan Supreme Court · 1874
- Calkins v. ClementSupreme Court of Vermont · 1881
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