Perkins v. Bumford
Superior Court of New Hampshire
Assumpsit upon a promissory note, dated April 9, 1819, for $50, made by the defendant, and payable to Ü. Smith, or bearer, on demand. ThQ cause was tried here, upon the general issue, at November term, 1825, when it was admitted, that the defendant. made the note ; and it appeared, that on the day of its date, tí.
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Assumpsit upon a promissory note, dated April 9, 1819, for $50, made by the defendant, and payable to Ü. Smith, or bearer, on demand. ThQ cause was tried here, upon the general issue, at November term, 1825, when it was admitted, that the defendant. made the note ; and it appeared, that on the day of its date, tí. SmithT the promissee, by deed, released to the defendant, all his right in certain lands, and that the description in the deed, of the subject matter of the conveyance was ⅛ the following words, “ all the right, title, claim, and de- “ mand, that I have on a certain tract of land…
1Opinion of the Court
Rh hxrdson, C J.
The consideration of the note, in this case, was a deed, which passed whatever the grantor had contracted to sell. This is not the case of a man, who has paid money in consideration of a contract, void for want of power in the other party to contract. Shearer vs. Fowler, (7 Mass. Rep 51,) nor of a man, who has given a promissory aote in» such a case. 7 Mass. Rep. 14, Fowler vs. Shearer.
*523This is not the case of a man, who affirming, that he has a right, sells it, when he is aware, that he has no right, and so is guilty of a fraud. 3 D. & E. 438, Hayne vs. Maltby.-8 Mass. Rep.…
2Cases cited1 opinion
- Fowler v. ShearerMassachusetts Supreme Judicial Court · 1810
3Cited by2 opinions
- Sanborn v. FrenchSuperior Court of New Hampshire · 1850
- Titus v. AshSuperior Court of New Hampshire · 1851