Pettis v. Darling
Supreme Court of Vermont
Petition to foreclose a mortgage. Heard on a master’s report, December Term, 1884. Taut, Chancellor, decreed a foreclosure, allowing the oratrix the note of $328, disallowing the note of $80, and allowing the defendant the $254.09. The $550 note was executed in Rhode Island, and the law of that State must govern as to the rate of interest; and we say that the rate of interest specified in the note only governs till the maturity of note, and after that time the statute rate…
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Petition to foreclose a mortgage. Heard on a master’s report, December Term, 1884. Taut, Chancellor, decreed a foreclosure, allowing the oratrix the note of $328, disallowing the note of $80, and allowing the defendant the $254.09. The $550 note was executed in Rhode Island, and the law of that State must govern as to the rate of interest; and we say that the rate of interest specified in the note only governs till the maturity of note, and after that time the statute rate (six per cent) governs. Pearce v. Hennessy, 10 R. I. 223; Lanáhan v. Ward, 10 R. I. 299. It does not appear where the…
1Opinion of the CourtVeazey, J.
One question is as to how the note of $328, and the agreement to increase the rate of interest of the prior mortgage debt, shall be treated in ascertaining the amount due on the oratrix’s mortgages as against the two defendants respectively.
On the 8th of March, 1872, Darling mortgaged certain described land, machinery, etc., situated in Weathersfield, Vermont, to the defendant, Augusta W. Bishop, to secure a note of $3,000.- This mortgage was foreclosed, decree obtained, and Bishop’s interest passed to Williams & Go. for a valuable consideration. When this mortgage was given the oratrix held…
2Cases cited4 opinions
- McDaniels v. ColvinSupreme Court of Vermont · 1844
- Peck v. HibbardSupreme Court of Vermont · 1854
- Gardner v. EmersonIllinois Supreme Court · 1866
- St. Andrew's Church v. TompkinsNew York Court of Chancery · 1823
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- Shane v. WINTER HILL FEDERAL SAVINGS & LOAN ASS'NMassachusetts Supreme Judicial Court · 1986
- Guleserian v. FieldsMassachusetts Supreme Judicial Court · 1966
- Shane v. Winter Hill Federal Savings & Loan Ass'nMassachusetts Supreme Judicial Court · 1986
- Guleserian v. FieldsMassachusetts Supreme Judicial Court · 1966