Smith v. Anderson
Supreme Court of Vermont
Trover for lumber. Trial by jury at tbe December Term,. 1896, Windsor County, Munson, J., presiding. Yerdict and judgment for tbe defendants. Tbe plaintiff excepted. It appeared tbat tbe plaintiff held a note for $4600, signed by tbe defendant Ames, secured by a mortgage upon lumber. The note was dated at Norwich, Vermont, where the maker resided. The lumber was situated in the sametown, and the mortgage was there executed and recorded.
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Trover for lumber. Trial by jury at tbe December Term,. 1896, Windsor County, Munson, J., presiding. Yerdict and judgment for tbe defendants. Tbe plaintiff excepted. It appeared tbat tbe plaintiff held a note for $4600, signed by tbe defendant Ames, secured by a mortgage upon lumber. The note was dated at Norwich, Vermont, where the maker resided. The lumber was situated in the sametown, and the mortgage was there executed and recorded. The plaintiff resided in Rhode Island, where, it was conceded, any rate of interest agreed upon by the parties is legal. The defendant Ames arranged with the…
1Opinion of the CourtTaft, J.
There were nine exceptions reserved on trial.(1) The ninth relating to the admission of the statutes of New Hampshire relating to interest and usury is waived.
*426(2) The court charged that whether or not the note had been paid might depend upon whether the contract was made in Vermont or Rhode Island. The plaintiff insists this was error, for the jury might well understand from this part of the charge that the place of making the contract was controlling and counsel argue, that all the facts and circumstances pertaining to the transaction, with all legal presumptions, should-have been submitted…
2Cases cited2 opinions
- Davis & Gay v. Central Vermont RailroadSupreme Court of Vermont · 1893
- Morgan v. Kidder & RobinsonSupreme Court of Vermont · 1883
3Cited by5 opinions
- In Re Air Crash Disaster at Boston, Massachusetts on July 31, 1973District Court, D. Massachusetts · 1975
- Maidment v. FrazierSupreme Court of Vermont · 1916
- Arthur A. Bishop & Co. v. ThompsonSupreme Court of Vermont · 1925
- Vermont Mutual Fire Insurance v. Van DykeSupreme Court of Vermont · 1933
- Resource Holding Corp. v. Schoff's EstateSupreme Court of Vermont · 1933