Ricker v. Clark
Supreme Court of Vermont
Heard on bill, answer, traverse and master’s report, at the June Term, 1881, Caledonia County. Ross, Chancellor, decreed that there was due from the orator on the first mortgage, $4,972.88. The defendants appealed. The master found substantially as follows: In the fall of 1870, said A. H. Ricker was greatly embarrassed in his financial affairs. He was then administrator of his father’s estate, and that estate was required to be settled and liabilities paid off.
Read the full summary
Heard on bill, answer, traverse and master’s report, at the June Term, 1881, Caledonia County. Ross, Chancellor, decreed that there was due from the orator on the first mortgage, $4,972.88. The defendants appealed. The master found substantially as follows: In the fall of 1870, said A. H. Ricker was greatly embarrassed in his financial affairs. He was then administrator of his father’s estate, and that estate was required to be settled and liabilities paid off. A mortgage was resting upon the mill property which said Ricker was anxious to pay off so that he could raise money upon said…
1Opinion of the Court
The opinion of the court was delivered by
Royce, Ch. J.
The question presented by the report is, what amount should be decreed as the sum due to the defendants upon the two notes executed by the orator on the 5th day of June, 1871. The orator claims that upon the facts found by the master there should be deducted from the amounts apparently due certain sums paid by him as usury. No claim is made that any usury is contained in the note for $3,710. It- is found that the sum of $121.76 as extra interest, was included in the note for $1,451.92. Interest was paid by the orator on both of said notes…
2Cases cited1 opinion
- Jackson v. JacksonSupreme Court of Vermont · 1878
3Cited by4 opinions
- Roberts v. W. H. Hughes Co.Supreme Court of Vermont · 1912
- Chakales v. DjiovanidesSupreme Court of Virginia · 1933
- Strong Hardware Co. v. Gonyow Et Ux.Supreme Court of Vermont · 1933
- National Bank of Newport v. RandCourt of Appeals for the Second Circuit · 1926