First National Bank v. Fitts
Supreme Court of Vermont
Trover, for certain hay and farm products. Heard at the December term, 1893, Orange county, upon the report of a referee, Start, J., presiding. Judgment -pro forma for the defendant to recover his costs. The plaintiff excepts. The plaintiff claimed title to the property in question, under a chattel mortgage, from the defendant to itself.
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Trover, for certain hay and farm products. Heard at the December term, 1893, Orange county, upon the report of a referee, Start, J., presiding. Judgment -pro forma for the defendant to recover his costs. The plaintiff excepts. The plaintiff claimed title to the property in question, under a chattel mortgage, from the defendant to itself. The referee found that the defendant had appropriated the property in question and had thereby converted it, if the title of the plaintiff was a valid one. The defendant denied the validity of the plaintiff’s title ; first, because the note, to secure which…
1Opinion of the CourtStart, J.
It appears that the defendant as principal, and one Moses Spear as surety, on the thirteenth day of October, 1884, gave the plaintiff their promissory note. On the twenty-fifth day of November, 1884, the defendant was adjudged an insolvent debtor, and obtained his discharge. On the eighth day of April, 1885?, the defendant and said Spear renewed the. note thus given to the plaintiff by giving a new *61note; and new notes were given by them from time to time until April 8, 1889, when the note secured by the chattel mortgage in question was given. Before the first renewal of the note Spear gave…
2Cases cited10 opinions
- Tindall v. WassonIndiana Supreme Court · 1881
- Parker v. ChaseSupreme Court of Vermont · 1890
- Potts v. NewellSupreme Court of Minnesota · 1876
- Robinson & Caldwell v. MauldinSupreme Court of Alabama · 1847
- Cass v. GunnisonMichigan Supreme Court · 1885
5 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- In Re Riggi Bros. Co.Court of Appeals for the Second Circuit · 1930
- Symes v. FletcherSupreme Court of Vermont · 1921
- Wells v. BlodgettSupreme Court of Vermont · 1918