Low v. Estate of Mussey
Supreme Court of Vermont
Assumpsit. The case was referred, and the referees, besides stating the facts found by them upon several claims in reference to which no question was subsequently made, reported in substance as follows: In 1849, Asa Low, the plaintiff, of Bradford, Vi., solicited a loan of $20,000 of B. B. Mussey, of Boston, Mass.
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Assumpsit. The case was referred, and the referees, besides stating the facts found by them upon several claims in reference to which no question was subsequently made, reported in substance as follows: In 1849, Asa Low, the plaintiff, of Bradford, Vi., solicited a loan of $20,000 of B. B. Mussey, of Boston, Mass. Mussey proposed that if he would purchase of him a factory in Haverhill, N. H., for $2,500, and give his note therefor, payable in two years, with interest after six months, and would give him a note of $25,000, which was to stand as an indemnity note to secure the payments of loans…
1Opinion of the Court
Ai/dis, J.
I. As to the $1500.00, claimed to have been paid as usury in the purchase of the Haverhill factory. The report of the referees shows that the purchase of the factory was a part of the. transaction by which Mussey agreed to raise for Low the sum of $20,000.00. The memorandum signed by Mussey, dated *188November 12tli, 1849, as well as the whole tenor of the report, settles this point clearly.
We next inquire was that transaction a loan of money by Mussey to Low, or merely an agreement to guarantee Low’s notes and drafts to that amount? This was a fact for the referees to find, and we…
2Cases cited3 opinions
- Nichols & Bliss v. BellowsSupreme Court of Vermont · 1849
- Austin v. HarringtonSupreme Court of Vermont · 1855
- Nelson v. CooleySupreme Court of Vermont · 1848
3Cited by11 opinions
- Bishop v. Exchange BankSupreme Court of Georgia · 1902
- Janes v. FeltonWest Virginia Supreme Court · 1925
- E. C. Warner Co. v. W. B. Foshay Co.Court of Appeals for the Eighth Circuit · 1932
- Snyder v. Middle States Loan, Building & Construction Co.West Virginia Supreme Court · 1902
- Barney v. Tontine Surety Co.Michigan Supreme Court · 1902
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