National Bank v. Cushing
Supreme Court of Vermont
This cause was heard at the December Term, 1879, Barrett, Chancellor. Hearing on the pleadings and proofs, defendants, Cushings and Ellison, defending. Decree for orator as prayed, against the defendants confessing; decree, pro forma, for defendants answering, that the bill be dismissed with costs. The facts appear in the opinion of the court. The legal effect is the same as if the private and partnership property had been described in the same mortgage. Rob.
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This cause was heard at the December Term, 1879, Barrett, Chancellor. Hearing on the pleadings and proofs, defendants, Cushings and Ellison, defending. Decree for orator as prayed, against the defendants confessing; decree, pro forma, for defendants answering, that the bill be dismissed with costs. The facts appear in the opinion of the court. The legal effect is the same as if the private and partnership property had been described in the same mortgage. Rob. Dig., 99. The orator and defendants are tenants in common as to the partnership property; the defendants are therefore bound to…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
The principal facts on which the questions in this case arise, are, that Wright & Bugbee, partners, Oct. 8, 1873, borrowed for partnership purposes of Pierce $3,000, and gave their note therefor, secured by a mortgage on the partnership property in Rochester, and by a mortgage from Wright, contemporaneously executed, of his individual property in Bethel; that April 13, 1874, Wright further mortgaged his Bethel property to defendants Cushing & Co. to secure his private debt to them ; that in May, 1874, defendants Cushing & Co. duly attached…
2Cases cited11 opinions
- Sanford v. McLeanNew York Court of Chancery · 1831
- Neimcewicz v. GahnNew York Court of Chancery · 1831
- Averill v. LoucksNew York Supreme Court · 1849
- Johns v. ReardonCourt of Appeals of Maryland · 1857
- Swan v. PattersonCourt of Appeals of Maryland · 1854
6 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Clifford v. West Hartford Creamery Co.Supreme Court of Vermont · 1931
- Norfolk & Dedham Fire Insurance v. Aetna Casualty & Surety Co.Supreme Court of Vermont · 1974
- Hall v. Windsor Savings BankSupreme Court of Vermont · 1923
- Barnes v. DowSupreme Court of Vermont · 1887
- Warford v. HankinsIndiana Supreme Court · 1898
7 more not listed; retrieve them via the Exa API.