Buffum v. Buffum
Superior Court of New Hampshire
In Equity. The bill alleged, that on the 15th of April, 1839, the plaintiff, George Buffum, borrowed of the defendant, Esek Buffum, $332-00, and gave his promissory note therefor, payable in one year, with interest; and at the same time conveyed to the defendant, by an absolute deed, a certain farm lying in Richmond, the only consideration of said conveyance being said sum of money borrowed—that, at the time of making the deed, it was expressly agreed between the parties,…
Read the full summary
In Equity. The bill alleged, that on the 15th of April, 1839, the plaintiff, George Buffum, borrowed of the defendant, Esek Buffum, $332-00, and gave his promissory note therefor, payable in one year, with interest; and at the same time conveyed to the defendant, by an absolute deed, a certain farm lying in Richmond, the only consideration of said conveyance being said sum of money borrowed—that, at the time of making the deed, it was expressly agreed between the parties, that the defendant should hold the land as security for the money, and for no other purpose; and, in pursuance of the…
1Opinion of the Court
Parker, O. J.
The money was tendered to the defendant *456at his house on the 8th of April, 1840. It has been said that this is not alleged in the bill. But the bill alleges that it was tendered on the 14th, and within one year from the execution of the bond ; and the last allegation embraces the tender on the 8th. The proof therefore is sufficient. Greeley's Eq. Evid. 2, 161, 169.
There was no condition to this tender. The plaintiff requested a deed, and that the note should be given up. This he might well do. The defendant did not offer to take the money, but said he was not bound to receive it.…
2Cases cited3 opinions
- Bailey v. MetcalfSuperior Court of New Hampshire · 1833
- Eastman v. FifieldSuperior Court of New Hampshire · 1826
- Wendell V. New-Hampshire BankSuperior Court of New Hampshire · 1838
3Cited by1 opinion
- Thomas v. New Jersey Insurance Underwriting Ass'nNew Jersey Superior Court Appellate Division · 1994