Supreme Court of Vermont November 15, 1859 (Smith v. South Royalton Bank)

Bennett, J.

This is a case of very considerable importance; and we have endeavored to give it a careful consideration. We havé no doubt, from the testimony, that the bond and mortgage in question in this case were delivered conditionally to Rolfe; to be delivered by him to the State treasurer, when the orator, Spencer Smith, should be indemnified from all loss and damage which should be