Snyder v. Parmalee
Supreme Court of Vermont
Case for fraudulently discharging a mortgage.- Plea, the general issue. Trial by jury at the March Term, 1907, Chittenden County, Hall, J., presiding. Verdict and judgment for ' the plaintiff. The defendant excepted.' The opinion fully states the ease. The defendant’s motion for a verdict should have been granted. The declaration relied on fraud, and none was proved.
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Case for fraudulently discharging a mortgage.- Plea, the general issue. Trial by jury at the March Term, 1907, Chittenden County, Hall, J., presiding. Verdict and judgment for ' the plaintiff. The defendant excepted.' The opinion fully states the ease. The defendant’s motion for a verdict should have been granted. The declaration relied on fraud, and none was proved. Colson v. Bean, 78 Vt. 283. There was no evidence that defendant knew that the note had not been paid, and that was necessary to constitute fraud. Derry v. Peck, 12 E. E>. C. 250; Weir v. Bell, 3 Ex. Div. 238. At law fraud is…
1Opinion of the CourtMunson, J.
The plaintiff seeks to recover on a declaration at law which charges that the defendant fraudulently discharged a mortgage held by him, which secured a note belonging to the plaintiff that was otherwise valueless, and that the property was thereupon sold for cash to one who had no notice of plaintiff’s claim. The defendant questions by his exceptions and argument the sufficiency of the allegation of fraud, the presentation of any evidence tending to show a fraudulent intent, the correctness of the charge as to what constitutes fraud, and the plaintiff’s right to recover in a court of law.
The…
2Cases cited6 opinions
- Lathrop v. BamptonCalifornia Supreme Court · 1866
- Keyes v. Wood, Grant & Co.Supreme Court of Vermont · 1849
- Davis v. SmithSupreme Court of Vermont · 1875
- Bosworth v. Chas. DeF. BancroftSupreme Court of Vermont · 1902
- Lynde v. DavenportSupreme Court of Vermont · 1885
1 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Woodhouse v. Woodhouse Et Ux.Supreme Court of Vermont · 1925
- Dieter v. ScottSupreme Court of Vermont · 1939
- Miller v. BelvilleSupreme Court of Vermont · 1924
- Berkley v. Burlington Cadillac Co. Inc.Supreme Court of Vermont · 1923
- Reed v. HendeeSupreme Court of Vermont · 1927
10 more not listed; retrieve them via the Exa API.