Thompson v. Fairbanks
Supreme Court of Vermont
Generar and SpEciar Assumpsit. Plea, the general issue with notice of special matter. Heard on the report of a referee, at the December Term, 1902, Caledonia County, Watson, J., presiding. Pro forma judgment for the defendant. The plaintiff excepted. Under the Bankruptcy Act of 1898, the trustee is the representative of the creditors.
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Generar and SpEciar Assumpsit. Plea, the general issue with notice of special matter. Heard on the report of a referee, at the December Term, 1902, Caledonia County, Watson, J., presiding. Pro forma judgment for the defendant. The plaintiff excepted. Under the Bankruptcy Act of 1898, the trustee is the representative of the creditors. In re Pekin Plow Co., 112 Fed. 308; In re Booth, 98 Fed. 975; In re Yukon Woolen 'Co., 96 Fed. 326; In re Howland, 109 Fed. 869. The mortgage in question was void for want of proper description of the property. It leaves the determination of the specific…
1Opinion of the CourtWatson, J.
Sometime before June 22, 1886, the bankrupt, Herbert Moore, bought a livery stock and business in St. Johnsbury Village. In part payment therefor, he assumed a mortgage then- outstanding on the property. The business then was and continued toi be carried on in buildings leased of the defendant. Shortly before March 1, 1888, the defendant assisted Moore to pay the assumed mortgage by signing a note with him for $1,425, payable to the Passumpsic Savings Bank, of St. Johnsbury. Defendant also signed other notes wjth Moore, — one for $350, dated July 15, 1890, payable to the same bank, and twoi…
2Cases cited19 opinions
- Metcalf v. BarkerSupreme Court of the United States · 1902
- Pirie v. Chicago Title & Trust Co.Supreme Court of the United States · 1901
- Wilson v. NelsonSupreme Court of the United States · 1901
- McDaniels v. ColvinSupreme Court of Vermont · 1844
- Peabody v. LandonSupreme Court of Vermont · 1889
14 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Paska v. SaundersSupreme Court of Vermont · 1931
- Mason v. SaultSupreme Court of Vermont · 1919
- Goodnough Mercantile & Stock Co. v. GallowayDistrict Court, D. Oregon · 1909
- Fisher v. ZollingerCourt of Appeals for the Sixth Circuit · 1906
- Mower v. McCarthySupreme Court of Vermont · 1906
12 more not listed; retrieve them via the Exa API.