Lafountain v. Burlington Savings Bank
Supreme Court of Vermont
Assumpsit in common counts. Plea, general, issue, with an agreed statement of facts. Trial by court, September Term, .1880, Chittenden County, Pierpoint, Ch. J., presiding. Judgment for the plaintiff. Tbe action was tp recover for usury, and for money paid by a mutual mistake to the defendant. Payments of the usury, and by mistake were admitted.
Read the full summary
Assumpsit in common counts. Plea, general, issue, with an agreed statement of facts. Trial by court, September Term, .1880, Chittenden County, Pierpoint, Ch. J., presiding. Judgment for the plaintiff. Tbe action was tp recover for usury, and for money paid by a mutual mistake to the defendant. Payments of the usury, and by mistake were admitted. Afterwards the plaintiff was adjudged a bankrupt by the U. S. District Court, and an assignment of all his estate was made to the assignee in conformity with the provisions of the U. S. Bankrupt Act. Thereupon, the assignee aforesaid undertook and…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
The exceptions, on the facts agreed upon by the parties, present two questions for consideration.
*335I. Did the uncollected usury paid by the plaintiff, to the defendant before the adjudication of bankruptcy, pass, under the late general bankruptcy law to the assignee of the plaintiff? The solution of this question depends mainly upon the wording of the statute of Yermont in regard to usury, and the decisions of the court construing and interpreting that statute. The language of the bankrupt act is broad and comprehensive; and probably the…
2Cases cited19 opinions
- Sturgis v. KnappSupreme Court of Vermont · 1860
- Ewing v. GriswoldSupreme Court of Vermont · 1871
- Barker v. EstySupreme Court of Vermont · 1847
- Nichols & Bliss v. BellowsSupreme Court of Vermont · 1849
- Low v. Estate of MusseySupreme Court of Vermont · 1863
14 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Brown v. PiliniSupreme Court of Vermont · 1970
- Brown v. PiliniSupreme Court of Vermont · 1970