Thompson-Starrett Co. v. E. B. Ellis Granite Co.
Supreme Court of Vermont
Appeal in Chancery. Heard on the pleadings, master’s report, defendant’s exceptions thereto, and its motion to recommit the report, at the March Term, 1912, Washington County, Waterman, Chancellor. Exceptions and motion overruled, and decree for the petitioner. The defendant appealed. The opinion states the case.
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Appeal in Chancery. Heard on the pleadings, master’s report, defendant’s exceptions thereto, and its motion to recommit the report, at the March Term, 1912, Washington County, Waterman, Chancellor. Exceptions and motion overruled, and decree for the petitioner. The defendant appealed. The opinion states the case. The creation of the voting trust was not to subserve the private or personal advantage of either of the contracting parties, but on the contrary it was in the nature of an agreement to promote harmony and stability of management in carrying out an honest business policy consistent…
1Opinion of the CourtPowers, J.
This was a statutory petition in common form for the foreclosure of a certain mortgage dated July 24, 1905, and conditioned for the payment of $200,000 in two years from that date. The defendant filed an answer, therein alleging that at the time of the execution and delivery of this mortgage, and as a part of the consideration therefor, the petitioner executed and delivered to the defendant a written contract wherein it was provided, among other things, that the petitioner should not demand payment of any part of the debt secured by said mortgage, nor foreclose the same until the completion…
2Cases cited24 opinions
- Smith v. San Francisco & North Pacific Railway Co.California Supreme Court · 1897
- James v. M'KernonNew York Supreme Court · 1810
- Barber v. BaileySupreme Court of Vermont · 1912
- Jackson v. AshtonSupreme Court of the United States · 1837
- Boyer v. NesbittSupreme Court of Pennsylvania · 1910
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3Cited by15 opinions
- Francis v. London Guarantee & Accident Co.Supreme Court of Vermont · 1927
- Matter of Morse (Bank of America)New York Court of Appeals · 1928
- Massa v. StoneMassachusetts Supreme Judicial Court · 1963
- Bullivant v. First National BankMassachusetts Supreme Judicial Court · 1923
- County of Bennington v. Town of ManchesterSupreme Court of Vermont · 1914
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