Platts v. Auclair
Supreme Court of New Hampshire
■ Bill in Equity, to foreclose a mortgage, brought August 8, 1917. The mortgage is dated February 3, 190.6, and was given by Celina Duelos to Samuel A. Rouleau, who assigned it to George W. Platts, who on December 17, 1906, assigned it to F. A. Platts, agent for the plaintiff. The latter assignment was not recorded. George W. Platts is the father of the plaintiff and of F. A. Platts.
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■ Bill in Equity, to foreclose a mortgage, brought August 8, 1917. The mortgage is dated February 3, 190.6, and was given by Celina Duelos to Samuel A. Rouleau, who assigned it to George W. Platts, who on December 17, 1906, assigned it to F. A. Platts, agent for the plaintiff. The latter assignment was not recorded. George W. Platts is the father of the plaintiff and of F. A. Platts. On October 3, 1906, the defendant purchased the mortgaged premises from Celina Duelos, through F. A. Platts. At the time of the purchase, F. A. Platts represented that he owned the mortgage, and the defendant…
1Opinion of the CourtPlummer, J.
The defendant seeks to set off against the amount due upon the mortgage of the plaintiff, the damages suffered by him through the negligence of F. A. Platts in failing to obtain insurance upon the defendant’s buildings which were included in the plaintiff’s mortgage. The basis of this claim is that Platts was the agent of the plaintiff in relation to the mortgage, and consequently the plaintiff is liable for the loss suffered by the defendant through the negligence of Platts in not keeping the mortgaged buildings insured. The difficulty with this contention is that it does not appear that…
2Cases cited7 opinions
- Danforth v. FisherSupreme Court of New Hampshire · 1908
- Bohanan v. Boston & Maine RailroadSupreme Court of New Hampshire · 1900
- Searle v. ParkeSupreme Court of New Hampshire · 1895
- Cordner v. Boston & Maine RailroadSupreme Court of New Hampshire · 1904
- Towle v. RoweSupreme Court of New Hampshire · 1878
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