Greenleaf v. Cook
Supreme Court of the United States
Error to the circuit court of the United States, for the district of Columbia. James Greenleaf instituted a suit in that court on p. promissory note executed by the defendant, who pleaded the general issue. On the trial, the defendant gave in evidence a deed executed by.
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Error to the circuit court of the United States, for the district of Columbia. James Greenleaf instituted a suit in that court on p. promissory note executed by the defendant, who pleaded the general issue. On the trial, the defendant gave in evidence a deed executed by. Pratt, Francis, and others, by James Greenleaf, their attorney, conveying to him a lot of ground in the. city of Washington, for the purchase of which the promissory note in the declaration mentioned was given. He also gave in evidence a d*eed from Moiris, Nicholson, and others, to Thomas Law, purporting to be a mortgage of a…
1Opinion of the Court
Mr. Ch. J. Marshall
delivered the opinion of the court, and after stating the facts, proceeded as follows : ‘
On the first exception .it has been argued, that there is a failure of consideration, which constitutes a good defence in this action.
Without deciding whether, after receiving a deed, the defendant could avail himself of even a total failure of consideration, the court is of opinion, that to make it a good defence, in any case, the failure must be total. The prior mortgage of the premises, and the decree of foreclosure, do not produce a total failure of consideration. The equity of…
2Cited by28 opinions
- Lamerson v. MarvinNew York Supreme Court · 1850
- Findley v. CooleyIndiana Supreme Court · 1823
- Converse Bridge Co. v. Geneva CountySupreme Court of Alabama · 1909
- Mickler v. ReddickSupreme Court of Florida · 1896
- Washabaugh v. HallSouth Dakota Supreme Court · 1893
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