Gannett v. Blodgett
Supreme Court of New Hampshire
"Writ oe Entry upon a mortgage, brought under the following circumstances: On tbe first day of April, 1853, tbe plaintiff, William Gannett, sold and conveyed to Mary S. Blodgett, one oftbe defendants, and wife of Nathan Blodgett, tbe other defendant, tbe demanded premises, and at tbe same time said Mary S. and Nathan joined in giving back to tbe plaintiff1 a mortgage of said premises, to secure their two joint and several notes for $1000 each, payable to the plaintiff, or…
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"Writ oe Entry upon a mortgage, brought under the following circumstances: On tbe first day of April, 1853, tbe plaintiff, William Gannett, sold and conveyed to Mary S. Blodgett, one oftbe defendants, and wife of Nathan Blodgett, tbe other defendant, tbe demanded premises, and at tbe same time said Mary S. and Nathan joined in giving back to tbe plaintiff1 a mortgage of said premises, to secure their two joint and several notes for $1000 each, payable to the plaintiff, or order, one in five and the other in ten years from date, with interest annually. In December, 1855, the plaintiff sold and…
1Opinion of the CourtFowler, J.
The endorsement of the notes, mentioned in the ease, by the plaintiff to Mead, operated to transfer both notes and mortgage to him, so that thereafterwards the plaintiff had no legal interest in either. No suit upon the mortgage could thereafter have been maintained but in the name of Mead. Little v. Ingalls, 13 N. H. 44; Rigney v. Lovejoy, 13 N. H. 247.
The notes and the mortgage still remain generally the properly of Mead, and unless the payment of the annual interest upon the notes by the plaintiff can be regarded as having in some way operated to vest in him a title to the notes and…
2Cases cited5 opinions
- Kyner v. KynerSupreme Court of Pennsylvania · 1837
- Stamford Bank v. BenedictSupreme Court of Connecticut · 1843
- Grove v. BrienCourt of Appeals of Maryland · 1851
- Belcher v. Hartford BankSupreme Court of Connecticut · 1843
- Neptune Insurance v. DorseyHigh Court of Chancery of Maryland · 1850