Giffen v. Barr
Supreme Court of Vermont
ACTION on the case to recover a penalty and damages for not discharging a chattel mortgage, as provided by the Act of 1882, No. 69. Trial by jury, December Term, 1887, Taft, J., presiding. One question was when the application of payments, especially a quantity of hay, should be made.
Read the full summary
ACTION on the case to recover a penalty and damages for not discharging a chattel mortgage, as provided by the Act of 1882, No. 69. Trial by jury, December Term, 1887, Taft, J., presiding. One question was when the application of payments, especially a quantity of hay, should be made. The defendant drew the hay away after the commencement of the suit; but the plaintiff’s evidence tended to show that defendant was to take the hay in full payment before it was removed from the barn, and the jury were instructed that, unless they found that the hay was to be applied, as the plaintiff claimed,…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
I. The amount of the debt secured by the chattel mortgage legally due from the plaintiff to the defendant was necessarily involved in determining whether the plaintiff had fully paid it before demanding that the defendant should discharge the mortgage. If, as claimed by the plaintiff, usury was included in the note secured by the mortgage, he was entitled to show the amount of such usury to enable the jury to determine whether he had fully paid all that was legally due from him to the defendant thereon before he called upon the defendant to…
2Cited by4 opinions
- Higgins, Admr. v. MetzgerSupreme Court of Vermont · 1928
- State v. LapanSupreme Court of Vermont · 1928
- Swallow v. First State BankNorth Dakota Supreme Court · 1914
- Higgins, Admr. v. MetzgerSupreme Court of Vermont · 1928