Factory Point Nat. Bank v. Equinox Co.
| Decision Date | 06 April 1939 |
| Citation | 5 A.2d 462 |
| Parties | FACTORY POINT NAT. BANK et al. v. EQUINOX CO. et al. |
| Court | Vermont Supreme Court |
Appeal in Chancery, Bennington County; Charles A. Shields, Chancellor.
Suit by the Factory Point National Bank and others against the Equinox Company and others for foreclosure of real estate. From a decree for plaintiffs, defendant First National Bank of Bennington appeals. On motion to dismiss the appeal.
Motion granted and appeal dismissed.
Argued before MOULTON, C. J., and SHERBURNE, BUTTLES, STURTEVANT, and JEFFORDS, JJ.
Franklin P. Jones, of Bennington, for appellant.
Ernest W. Gibson, Jr, of Brattleboro, for appellees.
This petition for foreclosure resulted in a decree for the plaintiffs. The amount found to be due the plaintiffs was $391,927.71 as of Nov. 8, 1938, the date of the decree. The real estate involved is known as the Hotel Equinox property at Manchester, Vermont. Included in this realestate is a parcel of land claimed to be worth about $5,000 in which the First National Bank of Bennington, one of the defendants, claims an interest. Said First National Bank of Bennington asked for an appeal from the decree. Permission for such appeal was granted upon condition that said Bank should file on or before a time specified a bond in the penal sum of $20,000 "* * * conditioned that said Bank (appellant) will indemnify and save harmless the said plaintiffs from all losses or damage which they, or either of them, may suffer by reason of said appeal." This condition was not complied with, but an entry of the name of the case was made on our docket. Plaintiffs have met this attempted entry with a motion to dismiss.
This being a foreclosure proceeding, appellant was not entitled to an appeal except by leave of the Chancellor. P.L. 1321. In the exercise of the discretion vested in him, the Chancellor was authorized to impose reasonable conditions upon his allowance of the appeal—one of which could be the filing of a bond to protect the plaintiffs. Appellant insists that since the amount of the bond required is $20,000 and the value of the property in which an interest is claimed is about $5,000, we should find that the bond required is unreasonable. This argument is not sound. In the case Barclay v. Drew et al, 105 Vt. 280, 166 A. 5, a case cited by appellant, the amount claimed by appellant to have been erroneously included in the decree was about $93 and the bond required as a condition of appeal...
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Vermont Nat. Bank v. Clark
...should not apply to a trial court's ruling under § 4601. This Court has previously done so. In Factory Point National Bank v. Equinox Co., 110 Vt. 277, 279, 5 A.2d 462, 462 (1939), we reviewed an order granting an appeal but making it conditional upon a bond that the foreclosure defendants ......
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Darden v. O'KEEFE
...permission to appeal on posting a bond. See Reporter's Notes to 1985 Amendment to V.R.C.P. 80.1; Factory Point Nat'l Bank v. Equinox Co., 110 Vt. 277, 279, 5 A.2d 462, 462 (1939). Thus, the failure to post the bond deprives us of jurisdiction over the appeal. See Denlinger v. Mudgett, 151 V......
- Factory Point National Bank v. Equinox Co.
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Webster v. LaDuke
...in the record before us as required by 12 V.S.A. § 4601. We are without authority to entertain the appeal. See Factory Point Nat. Bank v. Equinox Co., 110 Vt. 277, 299, 5 A.2d 462. The entry order is 'Appeal ...