Liberty Trust Co. v. Price

This is a bill in equity to establish a claim of the plaintiff; and to reach and apply certain property in payment of a promissory note, made by the defendant Price in the sum of $10,000, of which the plaintiff is the indorsee and present holder. Jury issues were framed in the Superior Court. The case was referred to an auditor, who filed a report; the case then was tried before a jury. The facts are complicated and need not be referred to in detail as they are fully set forth in the auditor’s report. There was no conflict in the evidence and the auditor so states.

It appears that in the year…