Lamoille County Savings Bank & Trust Co. v. Belden
Supreme Court of Vermont
Appeal in Chancery. Petition to foreclose a mortgage. Heard on bill, answer, cross bill and report of a special master at tbe December Term, 1915, Lamoille County, Fish, Chancellor.
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Appeal in Chancery. Petition to foreclose a mortgage. Heard on bill, answer, cross bill and report of a special master at tbe December Term, 1915, Lamoille County, Fish, Chancellor. Statement by Watson, J. The mortgage sought to be foreclosed, was executed by C. F. Eddy and his wife Dora S. Eddy, and delivered to the plaintiff on December 12, 1910; and on the same day it was duly recorded in the land records of the town of Stowe, this State, the town in which the lands covered by the mortgage are situated. The mortgage is conditioned for the payment by the said C. P. Eddy and Dora S. Eddy to…
1Opinion of the CourtWatson, J.
It is contended by the appellant that the note given by C. F. Eddy to P. D. Pike & Son, (hereinafter called the Pike note,) and by them negotiated to the plaintiff bank is not secured by the mortgage in question, it not being a note given by the mortgagors or either of them to the bank, but a note given to third persons and by the latter negotiated to the bank, basing such contention on the ground that a construction by which the mortgage stood as security for a note thus acquired by the bank, is against public policy. But we do not think it is a question involving public policy. There is no…
2Cases cited22 opinions
- Bay v. WilliamsIllinois Supreme Court · 1884
- Simanovich v. WoodMassachusetts Supreme Judicial Court · 1887
- Butler v. GaleSupreme Court of Vermont · 1855
- Green v. McDonaldSupreme Court of Vermont · 1902
- Thompson Beach v. PackardSupreme Court of Vermont · 1838
17 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Merchants National Bank & Trust Co. of Indianapolis v. H.L.C. Enterprises, Inc.Indiana Court of Appeals · 1982
- Clifford v. West Hartford Creamery Co.Supreme Court of Vermont · 1931
- VT AGENCY OF NATURAL RESOURCES v. TownsSupreme Court of Vermont · 1998
- Wood v. JamesSupreme Court of Vermont · 1918
- Wood v. Parker Square State BankTexas Supreme Court · 1966
11 more not listed; retrieve them via the Exa API.