Davis v. Converse
Supreme Court of Vermont
• Petition for the foreclosure of a mortgage executed September 26th, 1854, by the defendant Converse to the petitioner-, to secure the payment of a promissory note for one thousand dollars, dated February 26th, 1851, signed by Charles P» Allen, James H. Allen and the defendant Converse, and payable to the petitioner or order, in one year from its date, with interest.
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• Petition for the foreclosure of a mortgage executed September 26th, 1854, by the defendant Converse to the petitioner-, to secure the payment of a promissory note for one thousand dollars, dated February 26th, 1851, signed by Charles P» Allen, James H. Allen and the defendant Converse, and payable to the petitioner or order, in one year from its date, with interest. The defendants, Smith and Alger, were made parties by reason of having received subsequent mortgages or assignments of the property in question, subsequent to the petitioner’s mortgage: .• ■ The petition was taken as confessed…
1Opinion of the Court
Poland, Ch. J.
The claim of the defendant Converse, that the orator’s note is illegal and void as to him, on the ground of the agreement by Allen, the principal, to pay more than legal interest thereon, which was not known by the surety at the time of executing the gote, is settled against him by former decisions of this Court; Richmond v. Standclift et al., 14 Vt. 258; Bank of Middlebury v. Bingham et al., 33 Vt. 621.
If this were otherwise, it would seem quite too late for the defendant to make the objection, after allowing the bill to be taken as confessed against himself, upon the…
2Cases cited8 opinions
- Day v. CummingsSupreme Court of Vermont · 1847
- Grow v. AlbeeSupreme Court of Vermont · 1847
- Nichols & Bliss v. BellowsSupreme Court of Vermont · 1849
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- Nelson v. CooleySupreme Court of Vermont · 1848
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