Legal Opinion

Tenney v. East Warren Lumber Co.

Supreme Court of New Hampshire

Decided December 15, 1861PublishedCited by 2 opinions

This was a writ of entry, to foreclose two mortgages. With the general issue there was a brief statement that the mortgage relied upon in the first count was not the deed of the defendants. The defense was made by creditors of the defendants, who had attached the mortgaged premises, and were permitted to appear and defend the action.

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This was a writ of entry, to foreclose two mortgages. With the general issue there was a brief statement that the mortgage relied upon in the first count was not the deed of the defendants. The defense was made by creditors of the defendants, who had attached the mortgaged premises, and were permitted to appear and defend the action. The plaintiffs offered in evidence the instrument relied on as the deed of the defendants, under their first count, which was as follows: Know all by these presents, that we, the East Warren Lumber Company, a firm doing business, under an act of incorporation, by…

1Opinion of the CourtBell, C. J.

It is objected that the mortgage relied upon in this case is not the deed of the corporation, if it were otherwise unobjectionable, because it is not executed in the name of the corporation.

The legal principle on which this objection is founded is not to be disputed. It is distinctly stated in the case of Coburn v. Ellenwood, 4 N. H. 99; Montgomery v. Dorion, 7 N. H. 475; Hale v. Woods, 10 N. H. 470, without referring particularly to a mass of cases collected in 1 Am. Leading Cases 375.

We have considered this case on principal and authority, and we are unable to agree that the objection is…

2Cases cited15 opinions

  1. Gordon v. PrestonSupreme Court of Pennsylvania · 1833
  2. Elwell v. ShawMassachusetts Supreme Judicial Court · 1819
  3. Bank of Middlebury v. Rutland & Washington RailroadSupreme Court of Vermont · 1858
  4. Phillips v. CoffeeIllinois Supreme Court · 1855
  5. Jackson ex dem. Martin v. PrattNew York Supreme Court · 1813

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3Cited by2 opinions

  1. House of Lyons v. MarcusSupreme Court of Florida · 1954
  2. Anderson v. K. G. Moore, Inc.Massachusetts Appeals Court · 1978

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