Austin v. Bailey & Putnam
Supreme Court of Vermont
Trover for tbe conversion of a borse. Plea, tbe general issue with notice of special matter. Trial by court at tbe September term, 1891, Ross, Oh. J., presiding. Judgment for the-plaintiff. Tbe defendants except. Tbe facts appear in tbe opinion. Registration of the defendants’ mortgage was notice to tbe plaintiff when bis lien was created.
Read the full summary
Trover for tbe conversion of a borse. Plea, tbe general issue with notice of special matter. Trial by court at tbe September term, 1891, Ross, Oh. J., presiding. Judgment for the-plaintiff. Tbe defendants except. Tbe facts appear in tbe opinion. Registration of the defendants’ mortgage was notice to tbe plaintiff when bis lien was created. Pass%t,mpsic S. Bank v. Natil Bank, 53 Yt. 82 ; Wade, Notice, ss. 41, 77, 37 ; Story Eq.' Jur. s. 399 ; McOgee v. Edmcwds, 87 Tenn. 506. Tbe taking of a new note and mortgage to secure tbe same indebtedness did not extinguish tbe first mortgage lien. 15 Am.…
1Opinion of the Court
The opinion of the court was delivered by
ROWELL, J.
On November 16, 1889,- Malaney, owning the colt in question, mortgaged it to the defendants Bailey and *369Putnam, to secure his promissory note of that date for $75, payable the next day, and the mortgage was recorded on the day of its date. After the note matured, said defendants put the mortgage, but not the note, into the hands of the defendant Wheeler, a deputy sheriff, to foreclose. But they soon told him to proceed no farther, as there was a virtual agreement to settle the matter ; and he did not proceed, but the mortgage remained in his…
2Cases cited7 opinions
- Gregory v. ThomasNew York Supreme Court · 1838
- Hill v. . BeebeNew York Court of Appeals · 1856
- Packard v. KingmanSupreme Court of Iowa · 1860
- Pratt v. PageSupreme Court of Vermont · 1859
- Bradley v. SnyderIllinois Supreme Court · 1853
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Fed. Land Bk. of Columbia v. GodwinSupreme Court of Florida · 1931
- Megown v. FullerWyoming Supreme Court · 1928
- Buerger Brothers Supply Co. v. El Rey Furniture Co.Arizona Supreme Court · 1935
- Hobkirk v. WalrichColorado Court of Appeals · 1899
- Hobkirk v. WalrichColorado Court of Appeals · 1899