Sowles v. Lewis
Supreme Court of Vermont
Appeal from commissioners-in insolvency. Heard on the report of a referee, the appellants’ motion to recommit the same and exceptions thereto, at the March Term, 1902, Franklin County, Tyler, J., presiding. Albert Sowles had, through his brother Merritt, purchased and owned the note and mortgage given by him to the Burlington Savings Bank.
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Appeal from commissioners-in insolvency. Heard on the report of a referee, the appellants’ motion to recommit the same and exceptions thereto, at the March Term, 1902, Franklin County, Tyler, J., presiding. Albert Sowles had, through his brother Merritt, purchased and owned the note and mortgage given by him to the Burlington Savings Bank. He gave his brother Merritt his note therefor, and Merritt had the mortgage transferred to himself. - When the assignees redeemed this mortgage they did not discharge Albert’s obligation given therefor.' As between the assignees and Albert this amounted to…
1Opinion of the CourtWatson, J.
This case came into the County Court under the provisions of V. S. 2145, by appeal from the the decision of commissioners appointed by the Court of Insolvency under the provisions of V. S. 2143, by mandate from this Court in Sowles v. Bailey, 69 Vt. 515, 38 Atl. 237. A hearing was had before a referee, and upon the coming in of his report, exceptions thereto and a motion to recommit were filed by the appellants. The motion was denied, exceptions were overruled, judgment was rendered on the report according to the findings and holdings of the referee, and ordered to be certified *64to the Court…
2Cases cited10 opinions
- Jackson v. Van DalfsenNew York Supreme Court · 1809
- Sowles v. ButlerSupreme Court of Vermont · 1899
- Allen v. GatesSupreme Court of Vermont · 1900
- Doe v. HarveyIndiana Supreme Court · 1851
- Pease v. ShirlockSupreme Court of Vermont · 1891
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3Cited by1 opinion
- Nye's Administrator v. WoodruffSupreme Court of Vermont · 1918