Lawrence v. Towle
Supreme Court of New Hampshire
Assumpsit, to recover $400 paid by the plaintiff at the request of the defendant. Plea, the general issue. August 29, 1872, the plaintiff conveyed to the defendant, by deed of warranty, a house and lot of land, the consideration expressed being $6,500, and reciting that it was subject to a mortgage to one Perkins to secure a note signed by the plaintiff for $5,000. On the delivery of the deed, the defendant paid the plaintiff $1,500, and he paid her back $100 and took her…
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Assumpsit, to recover $400 paid by the plaintiff at the request of the defendant. Plea, the general issue. August 29, 1872, the plaintiff conveyed to the defendant, by deed of warranty, a house and lot of land, the consideration expressed being $6,500, and reciting that it was subject to a mortgage to one Perkins to secure a note signed by the plaintiff for $5,000. On the delivery of the deed, the defendant paid the plaintiff $1,500, and he paid her back $100 and took her receipt for that sum, which recited that it was the amount of the accrued interest on the mortgage note. The plaintiff…
1Opinion of the CourtSmith, J.
The recital in the deed, that the premises were subject to a mortgage to Perkins for $5,000, without words importing that the defendant assumed payment of the debt, did not bind her personally to pay the debt. No obligation to pay was in terms expressed, and the law will not imply or raise a promise or covenant. The insertion of such a clause qualifies the covenants of warranty on the part of the grantor, and is notice merely to the grantee that he is buying only the equity of redemption. Trotter v. Hughes, 12 N. Y. 74; Belmont v. Coman, 22 N. Y. 438; Binsse v. Paige, 1 Keyes (N. Y.) 87;…
2Cases cited5 opinions
- Belmont v. . ComanNew York Court of Appeals · 1860
- Fiske v. TolmanMassachusetts Supreme Judicial Court · 1878
- Trotter v. . HughesNew York Court of Appeals · 1854
- Johnson v. MonellSupreme Court of Iowa · 1862
- Post v. Tradesmen's BankSupreme Court of Connecticut · 1859
3Cited by8 opinions
- Panas v. HarakisSupreme Court of New Hampshire · 1987
- Bennett v. LaroseSupreme Court of New Hampshire · 1926
- Wisutskie v. MalouinSupreme Court of New Hampshire · 1936
- Faust v. General Motors Corp.Supreme Court of New Hampshire · 1977
- Haskell v. Manchester Street RailwaySupreme Court of New Hampshire · 1906
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