E. K. Baxter, Admr. v. Calvin H. Blodgett

• Decision Date: 01 February 1891
• Parties: E. K. BAXTER, ADMR. v. CALVIN H. BLODGETT ET AL
• Court: Vermont Supreme Court

22 A. 625

63 Vt. 629

E. K. BAXTER, ADMR. v. CALVIN H. BLODGETT ET AL

Supreme Court of Vermont

February 1, 1891

FEBRUARY TERM, 1891.

The decree of the Court of Chancery is affirmed, and cause remanded.

J J. Wilson and W. E. Johnson, for the orator.

OPINION

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The mortgage sought to be foreclosed purports to have been executed by Calvin H. Blodgett and Luthera B Blodgett to W. H. Baxter, and is conditioned for the payment of four promissory notes, given for the sum of $ 2,500 each payable to the order of W. H. Baxter, and signed by Calvin H Blodgett. The special master to whom the cause was referred has found that the mortgage was acknowledged by the mortgagors.

1. One of the defendants, George C. Briggs, insists that this finding is not supported by the evidence. The evidence before the master tended to show that the mortgage was properly acknowledged, and was sufficient to justify the master in his finding. The facts reported by the master as the basis of this finding were solely for his consideration. It is not for the court to say what weight should be given to the evidence. The court can only determine whether the evidence was proper for the consideration of the master, and whether it tended to show due acknowledgment of the mortgage. The evidence considered by the master being proper for his consideration, and tending to support the issue, his finding is conclusive.

2. It appears from the report, that defendant Calvin H. Blodgett applied to W. H. Baxter, the orator's intestate, for a loan of ten thousand dollars; that Baxter did not have the money conveniently at hand, and it was arranged to raise the money by Baxter's endorsement upon the notes to be given that thereupon, the notes secured by mortgage were executed, Baxter endorsed and delivered them to defendant Blodgett, and he negotiated them while current and before maturity; that it was the expectation of both parties that Baxter would provide for the payment of the notes at maturity, thus virtually making it a loan by Baxter to defendant Blodgett, and that this manner of raising the money was resorted to for the convenience of Baxter; that Baxter paid one of the notes in his lifetime, one was paid by the orator before he was appointed administrator and allowed to him by the commissioners on Baxter's estate, and he has reimbursed himself from the funds of the estate for the sum so paid, and the other two were paid by the...