Fletcher v. Warren
Supreme Court of Vermont
Appeal from the court of chancery. The material allegations in the orator’s bill were, that on the 19th day of March, 1833, the orator and one Marey, who was then a partner with the orator, executed their promissory note to Darius Blake for $109,15; that, shortly after, the defendant purchased said note of Blake, and executed to Blake therefor his own note, of the same date and amount; that the orator afterwards paid to Blake the amount of said note executed by the…
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Appeal from the court of chancery. The material allegations in the orator’s bill were, that on the 19th day of March, 1833, the orator and one Marey, who was then a partner with the orator, executed their promissory note to Darius Blake for $109,15; that, shortly after, the defendant purchased said note of Blake, and executed to Blake therefor his own note, of the same date and amount; that the orator afterwards paid to Blake the amount of said note executed by the defendant, and received the note from Blake; that about the 10th of May, 1833, the orator notified the defendant that he held…
1Opinion of the Court
The opinion of the court was delivered by
Royce, J.
The bill sought, originally, to effect an application of the two notes in satisfaction of each other. But the defendant *48has collected the note held by him, so that the relief asked in reference to the state of facts now existing is, in effect, that the money collected by the defendant shall be refunded, and a perpetual injunction placed upon the judgment; or that he be decreed to pay to the orator the amount of the other note and the interest upon it. As an answer to relief in the former shape the defendant relies upon the judgment itself, as…
2Cited by6 opinions
- Town of Putney v. Town of BrooklineSupreme Court of Vermont · 1967
- Camp v. WardSupreme Court of Vermont · 1897
- Burton v. WileySupreme Court of Vermont · 1854
- Warner v. ConantSupreme Court of Vermont · 1852
- Haklits v. OldenburgSupreme Court of Vermont · 1971
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