Legal Opinion

City Savings & Trust Co. v. Peck

Supreme Court of Vermont

Decided May 8, 1918PublishedCited by 6 opinions

Appeal in Chanoery. Petition for foreclosure of a real estate mortgage. Heard on bill, cross bill, answers, oral evidence and facts found by the chancellor at the September Term, 1917, Chittenden County, Butler, Chancellor.

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Appeal in Chanoery. Petition for foreclosure of a real estate mortgage. Heard on bill, cross bill, answers, oral evidence and facts found by the chancellor at the September Term, 1917, Chittenden County, Butler, Chancellor. Decree, that there was due and unpaid on the note described in the bill of complaint, the sum of $675.40; that plaintiff was the lawful holder thereof, that the same was secured by the mortgage of defendants, of which plaintiff was the equitable assignee and holder, and that plaintiff was entitled to foreclose the mortgage; that unless the defendants should pay or cause to…

1Opinion of the CourtWatson, C. J.

The plaintiff seeks to foreclose a mortgage on certain real estate owned by defendant Selina A. Peck, the wife of defendant Hamilton S. Peek, given by defendants to secure a note dated November 20, 1911, signed by them, for the sum of $1,500, payable to the order of Daniel W. Aiken, one year after date, with interest.

It is found that the note was indorsed on the back by the payee and Adolph Bose & Company, and transferred to the plaintiff on July 17, 1912. At that time Aiken was indebted to Adolph Bose & Company for something like $2,200. This company was doing business at Yicksburg,…

2Cases cited5 opinions

  1. Limerick National Bank v. AdamsSupreme Court of Vermont · 1897
  2. Blaney v. PeltonSupreme Court of Vermont · 1888
  3. Thrall v. HortonSupreme Court of Vermont · 1872
  4. Hoyt v. McNallySupreme Court of Vermont · 1893
  5. Farrar v. FreemanSupreme Court of Vermont · 1871

3Cited by6 opinions

  1. Brown v. Guaranty Securities Co.Texas Commission of Appeals · 1924
  2. Baldwin v. AdkersonSupreme Court of Virginia · 1931
  3. Colorado National Bank v. RehbeinSupreme Court of Colorado · 1931
  4. Jones v. Hamilton National Bank of WashingtonDistrict of Columbia Court of Appeals · 1954
  5. Dworsky v. Unger Furniture Co.Supreme Court of Minnesota · 1942

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