Day v. Cummings
Supreme Court of Vermont
Appeal from the court of chancery. The orator alleged in his bill, in substance, that from 1828 until 1842 he was a partner in business at Montpelier with Luther Cross; that in 1842 he purchased the interest of Cross in the property of the firm, and executed to him a bond, conditioned that he should pay all debts due from the firm; that during the continuance of the partnership the firm borrowed various sums of money of the defendant, for which they gave him their note, and…
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Appeal from the court of chancery. The orator alleged in his bill, in substance, that from 1828 until 1842 he was a partner in business at Montpelier with Luther Cross; that in 1842 he purchased the interest of Cross in the property of the firm, and executed to him a bond, conditioned that he should pay all debts due from the firm; that during the continuance of the partnership the firm borrowed various sums of money of the defendant, for which they gave him their note, and for which they agreed to pay him interest annually at the rate of twelve per cent.; that towards such usurious interest…
1Opinion of the Court
*499The opinion of the court was delivered by
Redfield, J.
In this case the orator seeks relief, in regard to notes in suit, at law, against himself and Luther Cross, who was his partner at the time the notes were given, but who has since assigned all his interest to the orator, and taken a bond to indemnify himself against all debts, and subsequently received a deposit of money amply sufficient to eover all damages and costs, which may by any possibility ever be recovered upon the notes. The bill alleges, that the notes were given for money borrowed upon usurious interest, and that upon those…
2Cases cited5 opinions
- McConnell v. McConnellSupreme Court of Vermont · 1839
- Richmond v. RobertsNew York Supreme Court · 1810
- Everitt v. KnappNew York Supreme Court · 1810
- Starr v. SchuylerNew York Supreme Court · 1808
- Steward v. DownerSupreme Court of Vermont · 1836
3Cited by19 opinions
- Robinson v. Springfield Co.Supreme Court of Florida · 1885
- Collister v. Inter-State Fidelity Building & Loan Ass'nArizona Supreme Court · 1934
- Wilson v. SpearSupreme Court of Vermont · 1894
- Nichols & Bliss v. BellowsSupreme Court of Vermont · 1849
- Patch v. SquiresSupreme Court of Vermont · 1933
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