National Bank v. Webster
Supreme Court of Vermont
Petition to foreclose a mortgage. The case was heard on petition, answer, traverse, and an agreed statement of facts. The defendant executed the notes and mortgage described in the petition, to one Bowker, on January 25, 1867. The notes were payable on or before the first day of March 1870 and 1871, respectively.
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Petition to foreclose a mortgage. The case was heard on petition, answer, traverse, and an agreed statement of facts. The defendant executed the notes and mortgage described in the petition, to one Bowker, on January 25, 1867. The notes were payable on or before the first day of March 1870 and 1871, respectively. The Bank of Newbury discounted the note first duo, on September 16, 1869; the Bank of St. Johnsbury discounted the other on August 1, 1870. The last note was paid, mostly, after suit commenced; the'other was paid into $191.69. The petition alleged that Bowker had transferred the…
1Opinion of the Court
The opinion of the court was delivered by
Royce, J.
The only question put in issue by the agreed statement of facts is, whether the defendant is entitled to be allowed as against the petitioners the amount of the judgment obtained against him as the trustee of Bowker, in the suit of T. J. & S. E. Ruggies v. Bowker and the defendant trustee. The right of the petitioners to claim as against the defendant the amount represented by the notes at the time they were negotiated to them, depends upon the construction to be given to the proviso to § 47 of ch. 34, of the Gen. Sts. The question as to the…
2Cases cited1 opinion
- Hall v. BowkerSupreme Court of Vermont · 1871
3Cited by1 opinion
- Sargent v. WoodSupreme Court of Vermont · 1879