Gay's Estate v. Hassom
Supreme Court of Vermont
Foreclosure of mortgage. Heard upon the pleadings, a special master’s report, and exceptions thereto, at the December term, 1891. Taft, chancellor, decreed a foreclosure with costs. The defendants appeal. The opinion states the case. Neither party can repudiate the transaction by which a payment of ten dollars on the mortgage note was acknowledged. McConnell v. Merrill et al., 53 Yt. 149. That transaction was a sufliciént recognition of the debt.
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Foreclosure of mortgage. Heard upon the pleadings, a special master’s report, and exceptions thereto, at the December term, 1891. Taft, chancellor, decreed a foreclosure with costs. The defendants appeal. The opinion states the case. Neither party can repudiate the transaction by which a payment of ten dollars on the mortgage note was acknowledged. McConnell v. Merrill et al., 53 Yt. 149. That transaction was a sufliciént recognition of the debt. Martin v. Bowker, 19 Yt. 526 ; Phelps v. Steward, 12 Yt.256 ; Moore v. Stevens, 33 Yt. 308; Blake c& Heart v. Parlemon, 13 Yt. 574 ; Beewin v.…
1Opinion of the Court
The opinion of the court was delivered by
START, J.
The defendant, Naomi B. Hassom, and her husband, George P. Hassom, on the 14th day of October, 1867, gave a mortgage of her real estate to secure the payment of his note to M. N. Gay & Son for the sum of ten hundred and forty dollars. On the 11th day of March, 1882, George P. Hassom made an indorsement upon the back of the note as follows: *497“ Paid on this note March 11, 1882, ten dollars,” and signed his name thereto. On the same day, Nelson Gay, one of the payees and holders of the note, charged George P. Iiassom, on book, ten dollars as…
2Cases cited16 opinions
- Utica Insurance v. BloodgoodNew York Supreme Court · 1830
- J. C. Hicks & Co. v. CramSupreme Court of Vermont · 1845
- Hollister v. YorkSupreme Court of Vermont · 1886
- Manufacturers' Bank v. ScofieldSupreme Court of Vermont · 1867
- Wheeler v. WillardSupreme Court of Vermont · 1871
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