Legal Opinion

Greenleaf v. Cook

Supreme Court of the United States

Decided February 18, 1817PublishedCited by 28 opinions

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

  1. Lamerson v. MarvinNew York Supreme Court · 1850
  2. Findley v. CooleyIndiana Supreme Court · 1823
  3. Converse Bridge Co. v. Geneva CountySupreme Court of Alabama · 1909
  4. Mickler v. ReddickSupreme Court of Florida · 1896
  5. Washabaugh v. HallSouth Dakota Supreme Court · 1893

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