Melvin v. Fellows
Supreme Court of New Hampshire
Trespass, de bonis, for a quantity of hay, corn, &c., alleged to have been taken on the 8th day of December, 1852, at Wilmot, in this county.
Read the full summary
Trespass, de bonis, for a quantity of hay, corn, &c., alleged to have been taken on the 8th day of December, 1852, at Wilmot, in this county. Plea, the general issue, with a brief statement that the defendant, Fellows, was a deputy sheriff of said county, and on the 8th day of December, 1852, had in his hands two writs against said Brown : one in favor of the defendant, Hamlin, and the other in favor of White and Knowlton, and that he attached and sold the property by due proceedings under the statute, by virtue of said writs: That at the time of the attachment the property was alleged to be…
1Opinion of the CourtFowler, J.
Two questions have been chiefly discussed in the argument of this case ; first, the effect of the description of the note for $67.25, as being a note for $46.30, when that was in truth the amount of principal due upon it at the date of the mortgage; an endorsement several months after its date having reduced it to that sum; and secondly, the validity of the note for $80.00, under all the circumstances set forth as attending it.
The verdict must be considered as having established the identity of the $67.25 note with that described in the mortgage as for $46.30 ; and the only question,…
2Cited by2 opinions
- Benton v. SumnerSupreme Court of New Hampshire · 1876
- Security Bank & Trust Co. v. State ex rel. ThomasSupreme Court of Oklahoma · 1956