Leach v. Tilton
Supreme Court of New Hampshire
Assumpsit, submitted upon tbe following agreed statement of facts : November 1,1853, tbe defendant gave a deed of certain real estate to Daniel Gr. Ladd, the plaintiff’s intestate, in consideration of which Ladd gave up to Tilton four promissory notes, one dated October 1,1852, for $350; one dated September 4, 1852, for $100; one dated January 29,1853, for $50; and one dated April 15, 1853, for $100; and also paid him $420 in money. The notes were all on interest.
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Assumpsit, submitted upon tbe following agreed statement of facts : November 1,1853, tbe defendant gave a deed of certain real estate to Daniel Gr. Ladd, the plaintiff’s intestate, in consideration of which Ladd gave up to Tilton four promissory notes, one dated October 1,1852, for $350; one dated September 4, 1852, for $100; one dated January 29,1853, for $50; and one dated April 15, 1853, for $100; and also paid him $420 in money. The notes were all on interest. The $350 note was secured by mortgage, and is the same referred to in the case Ladd v. Wiggin, 35 N. H. 421. The plaintiff" in…
1Opinion of the CourtDoe, J.
It was decided in Ladd v. Wiggin, 35 N. H. 421, that the note for $350 was a subsisting and valid contract, notwithstanding it was given up to Tilton. The *475absolute deed having been avoided by creditors, Tilton and Ladd were restored to their original positions as to the note. The deed being held inoperative, the giving up of the note was necessarily held ineffectual. The whole transaction of November 1, 1853, was such a nullity that it could not be set up by either party to defeat any of their previously existing rights of action. An action could be maintained upon the $350 note, not on…
2Cited by1 opinion
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