Hart v. Farmers & Mechanics Bank
Supreme Court of Vermont
Bill in chancery. From the bill, answers and testimony it appeared that in 1836, Jonathan F. Scribner was agent under a del credere commission to sell glass for Cook, Lane & Corning of Troy, N. Y; that as such agent, in that year he sold to Benjamin Rathbone. of Buffalo, N. Y., a quantity of glass on credit; that in August, 1836, Rathbone, being still indebted for this purchase, became insolvent, and that it being ascertained that he owned certain real estate in Burlington,…
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Bill in chancery. From the bill, answers and testimony it appeared that in 1836, Jonathan F. Scribner was agent under a del credere commission to sell glass for Cook, Lane & Corning of Troy, N. Y; that as such agent, in that year he sold to Benjamin Rathbone. of Buffalo, N. Y., a quantity of glass on credit; that in August, 1836, Rathbone, being still indebted for this purchase, became insolvent, and that it being ascertained that he owned certain real estate in Burlington, in this State, the same was attached in a suit against him, brought in the Chittenden county court, in favor of Cook,…
1Opinion of the Court
Redfield, Ch. J.
This is a bill in equity to compel the defendants to release to the plaintiffs their title to certain lands in Burlington. The plantiffs’ title is derived from one Scribner, by assignment by dead, with one witness, duly acknowledged and recorded, which is doubtless sufficient to convey an equitable title. The defendants’ title is by levy of execution against Cook, Lane & Corning. Scribner’s claim of title .grew out of his being the factor of Cook, Lane & Corning, for the sale of glass, with a del credere commission, and having sold to Benjamin Rathbone to the amount of some…
2Cases cited4 opinions
- Fitzsimmons v. JoslinSupreme Court of Vermont · 1849
- Hackett v. CallenderSupreme Court of Vermont · 1859
- Poor v. WoodburnSupreme Court of Vermont · 1853
- Williams v. FullertonSupreme Court of Vermont · 1848
3Cited by47 opinions
- In Re Thomas Edward Ryan, Debtor. Peter M. Stern v. Continental Assurance CompanyCourt of Appeals for the First Circuit · 1988
- Richart v. JacksonSupreme Court of Vermont · 2000
- Little Pittsburg Con. Min. Co. v. Little Chief Con. Min. Co.Supreme Court of Colorado · 1888
- Miller v. Rutland & Washington RailroadSupreme Court of Vermont · 1864
- Morrill v. MorrillSupreme Court of Vermont · 1880
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