Hathaway v. Hagan
Supreme Court of Vermont
Bill to foreclose a mortgage. Heard on the report of a special master, March Term, 1886, Washington County, Powers, Chancellor.
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Bill to foreclose a mortgage. Heard on the report of a special master, March Term, 1886, Washington County, Powers, Chancellor. It was decreed that the award made by W. B. Porter, arbitrator, was not conclusive of the matters in controversy; as it was upon other differences than those now involved ; that the burden was on the orator to show a consideration of the $361 note, and that he had failed to do so; that defendant is entitled to the interest paid by mistake on the note written without interest; that the $120.50 claim is without consideration, save the $6 due for rent of cow, and $5,…
1Opinion of the Court
The opinion of the court was delivered by
Rowell, J.,. The awaid.is not binding as to the-..matters in ' dispute here, for they were not submitted,, hut: only .the-.matter ... as to tlnntliree.uuonths -and a halfsi interest... And-the faet-that.-> the award recites: that all. matters in. difference were submitted./., is not ¡controlling ;.-foivit;is the .submission that -governs, as toé what wasj submitted, and not the award.. ■■ n.... m., ...
The piaster binds,, on testimony admitted ¡without' objection'/-.-. that.tlae defendanfisigned the $361 note,¡protesting that he:did<.<*77not oavo it, anti…
2Cases cited7 opinions
- Bellows v. SowlesSupreme Court of Vermont · 1883
- Low v. Estate of MusseySupreme Court of Vermont · 1863
- Austin v. HarringtonSupreme Court of Vermont · 1855
- Williams v. WilderSupreme Court of Vermont · 1865
- Hoyt v. DeweySupreme Court of Vermont · 1878
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Bishop v. Exchange BankSupreme Court of Georgia · 1902
- Janes v. FeltonWest Virginia Supreme Court · 1925
- First State Bank v. RadkeNorth Dakota Supreme Court · 1924
- Burdon v. UnrathSupreme Court of Rhode Island · 1926
- Hathaway v. HaganSupreme Court of Vermont · 1891
2 more not listed; retrieve them via the Exa API.