Adams v. Dutton

Decided May 15, 1885

Supreme Court of Vermont · decided 1885-05-15

Bill in equity praying that the defendant be restrained from collecting a promissory note. Heard on a master’s report, March Term, 1884, Powers, Chancellor. Bill dismissed. It appeared, that the defendant was the owner of a $200 note, signed by one Orson Kimball as principal and the orators as sureties.

Decided 1885-05-15

¶1The opinion of the court was delivered by

Rowell, J.

¶2The orators’ law is sound, but the facts do not bring their case within it. The defendant never held the mortgage on the Johnson land as security for the $200 note. There never was any talk between him and Orson Kimball that he should so hold it, but only that he should take it and give up said note, which he never did.

¶3It is clear that the decree was right, and it is affirmed, and cause remanded.