McLean v. Windham Light & Power Co.
Supreme Court of Vermont
Appeal in Chancery. Heard in the pleadings, including a cross bill by the Jamaica Lumber Company, and a master’s report, at the September Term, 1909, Windham County, Hall, Chancellor. Decree in favor of the Jamaica Lumber Company. The orators appealed. The opinion fully states the case. The Jamaica Lumber Company have no right to be subrogated for they have paid only what they were obliged to pay under the terms of their contract.
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Appeal in Chancery. Heard in the pleadings, including a cross bill by the Jamaica Lumber Company, and a master’s report, at the September Term, 1909, Windham County, Hall, Chancellor. Decree in favor of the Jamaica Lumber Company. The orators appealed. The opinion fully states the case. The Jamaica Lumber Company have no right to be subrogated for they have paid only what they were obliged to pay under the terms of their contract. Carlton v. Jackson, 121 Mass. 592; Wilson v. Burton, 52 Yt. 394; Roiux v. Ryegate Brick Co., 72 Vt. 148; McMillan v. Titus, 72 Atl. 240. And if its payment was not…
1Opinion of the CourtMunson, J.
On the first day of September, 1906, Henry A. McLean and Hattie T. McLean, the petitioners herein,, referred to in the contract mentioned hereafter as H. A. McLean. & Co., conveyed to the Windham Light and Lumber Company,, one of the defendants, hereinafter called the Windham Company,, certain real estate in Jamaica which included timber lands; and a saw mill. On the same day the Windham Company executed to the McLeans a mortgage of said premises to secure-the sum of $17,000, specified in four notes; one for $7,500, payable December 1, 1906; one for $3,200, payable March 1, 1907; one for…
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