Gill v. Cook
Supreme Court of Vermont
Bill op Interpleader, setting forth that in March, 1864, at Chester, the orator borrowed $300 of Mrs. Juliette P. Howe, wife of Foster Y. Howe, of Chester, and gave her therefor his promissory note as follows: “ Chester, Ft., February 18, 1864. “ For value received I promise to pay Juliette P. Howe, or bearer, three hundred dollars on demand, at five per cent, interest annually. Daniel A. Gill.”
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Bill op Interpleader, setting forth that in March, 1864, at Chester, the orator borrowed $300 of Mrs. Juliette P. Howe, wife of Foster Y. Howe, of Chester, and gave her therefor his promissory note as follows: “ Chester, Ft., February 18, 1864. “ For value received I promise to pay Juliette P. Howe, or bearer, three hundred dollars on demand, at five per cent, interest annually. Daniel A. Gill.” That the orator understood from said Juliette that said $300 was her sole and separate property; that Juliette died November 4-, 1864, at Chester, and Prescott Heald was appointed administrator upon…
1Opinion of the Court
The opinion of the court was delivered by
Pierpoint, C. J.
This is a bill of interpleader. The defendant, Cook, first demurrs to the bill because Foster Y. Howe, of whom he purchased the note, about which the controversy between himself and the defendant Heald exists, ought to have been made a party defendant. Whether the said Howe will be liable over to said Cook in case it turns out that Howe had no title to the note in question at the time he sold it to Cook, is not a question that can be determined in this proceeding, and it is not a question that is at all material to the issue here…
2Cited by1 opinion
- Gill v. WoodsIllinois Supreme Court · 1876