Legal Opinion

Shannon v. Dunn

Supreme Court of New Hampshire

Decided December 15, 1861Published

"Writ or Entry, on mortgage, to recover possession of certain real estate in Hooksett, in this county, for condition broken, and the purpose of foreclosing the right in equity to redeem the same. The •writ is dated October 4,1859. The plaintiffs are Jonah S. Shannon, Moulton Knowles, and John T. Spofford, trustees of the Manchester Loan and Eund Association.

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"Writ or Entry, on mortgage, to recover possession of certain real estate in Hooksett, in this county, for condition broken, and the purpose of foreclosing the right in equity to redeem the same. The •writ is dated October 4,1859. The plaintiffs are Jonah S. Shannon, Moulton Knowles, and John T. Spofford, trustees of the Manchester Loan and Eund Association. The action is founded upon a mortgage given by the defendant, Cyrus Dunn, to the plaintiffs, as trustees of said association, dated May 29, 1857. Thé consideration stated in the mortgage is §2110, and the conditions, in part, are as…

1Opinion of the CourtBartlett, J.

The plaintiffs are trustees of a voluntary association, which is said by its articles to be formed “ for the purpose of accumulating a fund for the purchase of real estate, making improvements thereon, and removing incumbrances therefrom; and for the purpose of accumulating a fund to be returned to its members who do not obtain advances as above mentioned, when the funds of the association shall amount to $500 per share.” The number of shares is fixed at 1200, of which 400 are reserved “ for the accommodation of members who wish to obtain larger loans than can be obtained on the shares…

2Cases cited3 opinions

  1. Mechanics & Working Men's Mutual Savings Bank v. WilcoxSupreme Court of Connecticut · 1855
  2. Pomeroy v. AinsworthNew York Supreme Court · 1856
  3. Citizens' Mutual Loan & Accumulating Fund Ass'n v. WebsterNew York Supreme Court · 1857

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