Bolles v. Chauncey
Supreme Court of Connecticut
This was a bill in chancery, stating, That on the 21st of March 1815, one Lemuel Swift mortgaged certain premises (particularly described) to Nathaniel and Abigail Chauncey, to secure payment of the amount of a promissory note for 500 dollars, dated the 17th of March 1815, and payable in two years from the date thereof, with interest: That said note was not paid according to the tenor thereof, but was, soon after it became due, taken up, by said Swift, by giving a new note…
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This was a bill in chancery, stating, That on the 21st of March 1815, one Lemuel Swift mortgaged certain premises (particularly described) to Nathaniel and Abigail Chauncey, to secure payment of the amount of a promissory note for 500 dollars, dated the 17th of March 1815, and payable in two years from the date thereof, with interest: That said note was not paid according to the tenor thereof, but was, soon after it became due, taken up, by said Swift, by giving a new note for the amount due; which last-mentioned note was received, by said N. Chauncey, and is now unpaid and due: That on the…
1Opinion of the CourtBissell, J.
The question reserved for the advice of this Court whether the plaintiff is entitled to have a conveyance from the defendants, without payment of the money secured by the mortgage. As between the mortgagor and mortgagee there can no pretence for saying, that the substitution of one note for another is a satisfaction of the condition of the mortgage. It is not an extinguishment of the original debt; and to hold it to be so, would oppose the plainest principles of equity, as well as the whole course of decisions on the subject. Brinckerhoof v. Lansing, 4 Johns, Chan. Rep. 73. Dunham v. Dey, 15…
2Cases cited2 opinions
- Peters v. GoodrichSupreme Court of Connecticut · 1819
- Sigourney v. MunnSupreme Court of Connecticut · 1829
3Cited by20 opinions
- Collins v. Davis.Supreme Court of North Carolina · 1903
- Geib v. ReynoldsSupreme Court of Minnesota · 1886
- Chavis v. GibbsSupreme Court of Virginia · 1956
- Insurance Co. v. . KnoxSupreme Court of North Carolina · 1942
- Lomas & Nettleton Co. v. IsacsSupreme Court of Connecticut · 1924
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