Darby v. First National Bank
Supreme Court of Vermont
Action to recover the penalty for the taking of illegal interest. Heard on the report of a referee, September Term, 1883, Rotcb, Ch. J., presiding.
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Action to recover the penalty for the taking of illegal interest. Heard on the report of a referee, September Term, 1883, Rotcb, Ch. J., presiding. Judgment for the plaintiff to recover the sum of §3,191.70. The referee found, that, in the latter part of 1875, the plaintiff wishing to effect a loan of about $3,000, applied to Jed P. Ladd, Esq., an attorney, to find the money for him; that said Ladd consented to act in the matter and saw Albert Sowles, cashier of the defendant, in regard to it; that on January 20, 1870, the plaintiff and said Ladd went to Sfe. Albans, saw Sowles at the bank,…
1Opinion of the Court
The opinion of the court was delivered by
Yeazey, J.
In order to say that the transaction between the plaintiff and the cashier was the transaction of the bank, when it occurred, and was conducted by the cashier as a mere cover of an usurious transaction by the bank, this court would have to infer this fact from what is reported. The fact is not found, and yet is essential to the plaintiff’s right of recovery. It is not an inference of law; nor is it a mixed question of law and fact. It is purely a question of fact. The court cannot, upon the report of a referee, infer facts from other facts…
2Cases cited4 opinions
- Kimball v. Estate of BaxterSupreme Court of Vermont · 1854
- Durant v. PrattSupreme Court of Vermont · 1882
- Fuller v. AdamsSupreme Court of Vermont · 1872
- Alexander v. Bank of RutlandSupreme Court of Vermont · 1852
3Cited by7 opinions
- Thompson v. FairbanksSupreme Court of Vermont · 1903
- Mathie v. HancockSupreme Court of Vermont · 1906
- Van Dyke v. Grand Trunk Railway Co.Supreme Court of Vermont · 1911
- Collins v. Estate of CollinsSupreme Court of Vermont · 1932
- Luce v. BrownSupreme Court of Vermont · 1922
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