Paris v. Hulett
Supreme Court of Vermont
Assumpsit on a promissory note. Plea, the general issue, and trial by the court, April Term, 1853, — Pierpoint, J., presiding. On the trial, the plaintiff introduced in evidence, the note declared on, which was signed by one E. F. Clark, Orson G. Hulett, the defendant, and one Rich Weeks. The defendant then offered testimony for the purpose of showing that this note was the proper debt of the said E. F. Clark to pay, the defendant and said Weeks being sureties only.
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Assumpsit on a promissory note. Plea, the general issue, and trial by the court, April Term, 1853, — Pierpoint, J., presiding. On the trial, the plaintiff introduced in evidence, the note declared on, which was signed by one E. F. Clark, Orson G. Hulett, the defendant, and one Rich Weeks. The defendant then offered testimony for the purpose of showing that this note was the proper debt of the said E. F. Clark to pay, the defendant and said Weeks being sureties only. That previous to this note being given, said Clark had mortgaged certain premises in Pawlet to one Isaac McDaniels, to secure…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
Whatever may have been the previous opinion, the case of Lovell v. Leland, 3 Vt. 581, settled the doctrine that a decree in chancery and an expiration of the time of redemption, and possession taken under the decree, operated as a satisfaction of the mortgage notes, if the property was adequate for that purpose: and if not, pro tanto. But it is now claimed that the principle adopted in the case of Lovell v. Leland, should be confined to cases where the decree of foreclosure is had in the court of chancery, that the case of Lovell v. Leland…
2Cases cited2 opinions
- Lovell v. LelandSupreme Court of Vermont · 1831
- Strong v. StrongSupreme Court of Vermont · 1827
3Cited by15 opinions
- L. Paul Dieffenbach, Jr. v. Attorney General of Vermont, Hazel M. Stevenson, Robert B. Young, First National Bank of Orwell, Inc.Court of Appeals for the First Circuit · 1979
- Morrill v. MorrillSupreme Court of Vermont · 1880
- Seibert v. ThompsonSupreme Court of Kansas · 1871
- Meeker v. WaldronNebraska Supreme Court · 1901
- Calkins v. ClementSupreme Court of Vermont · 1881
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