Luey v. Bundy
Superior Court of New Hampshire
Trover, for a promissory note of $50, and four other notes of $100 each, all made and executed by one Henry Hanson, on the 29th of October, 1834, and made payable to the plaintiff, with interest. The defendant pleaded the general issue. It appeared in evidence that the plaintiff had sold a farm to Hanson, and received the above notes and a mortgage back, in payment and security for the same.
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Trover, for a promissory note of $50, and four other notes of $100 each, all made and executed by one Henry Hanson, on the 29th of October, 1834, and made payable to the plaintiff, with interest. The defendant pleaded the general issue. It appeared in evidence that the plaintiff had sold a farm to Hanson, and received the above notes and a mortgage back, in payment and security for the same. Hanson subsequently sold one half of said land to the defendant, Bundy, and the remaining half to one Gilkey ; and said Bundy and Gilkey gave notes for the said land to Hanson. The notes given by Gilkey…
1Opinion of the CourtWilcox, J.
It must be considered as established by the verdict in this case, that the notes, for the conversion of which this suit is brought, were delivered to the defendant on the condition that he should procure and deliver to the plaintiff, in exchange therefor, certain notes executed by one Gilkev, and should also execute to the plaintiff his own note for 0200, and secure the same by mortgage of real estate. A portion of the Gilkey notes and a sum of money were received by the plaintiff. But when the defendant was called upon to complete the contract, he refused altogether to give his own note for…
2Cases cited3 opinions
- Hussey v. ThorntonMassachusetts Supreme Judicial Court · 1808
- Gillet v. MaynardNew York Supreme Court · 1809
- Wheeler v. BoardNew York Supreme Court · 1815
3Cited by6 opinions
- King v. BatesSupreme Court of New Hampshire · 1876
- Wilson v. GeorgeSuperior Court of New Hampshire · 1839
- Webb v. StoneSuperior Court of New Hampshire · 1851
- Allen v. WebbSuperior Court of New Hampshire · 1851
- Chamberlin v. PerkinsSupreme Court of New Hampshire · 1875
1 more not listed; retrieve them via the Exa API.