Concord Bank v. Gregg
Superior Court of New Hampshire
Assumpsit, upon a promissory note for $2000.00, dated February 23, 1841. payable on demand. The writ was dated June 16, 1842. The defendant pleaded the general issue, and attempted to show a partial failure of consideration, and that the note was obtained by misrepresentation and fraud.
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Assumpsit, upon a promissory note for $2000.00, dated February 23, 1841. payable on demand. The writ was dated June 16, 1842. The defendant pleaded the general issue, and attempted to show a partial failure of consideration, and that the note was obtained by misrepresentation and fraud. On the note was endorsed, “Feb. 23, 1841. $275.” The note was given as the consideration for a warranty deed from the plaintiff to the defendant, executed and recorded at the date of the note. Said deed conveyed “a certain saw mill and grist mill, situate in Pembroke, in said county of Merrimack, on the…
1Opinion of the CourtParker, C. J.
The principle that contracts obtained through fraudulent representations are voidable at the election of the party thus defrauded, is well settled. 7 Johns. 325, Kettletas vs. Fleet; 19 Maine 281, Ayers vs. Hewett; 12 Pick. 307, 312, Rowley vs. Bigelow; 22 Pick. 18, Thurston vs. Blanchard; Ditto 546, Holbrook vs. Burt. And this principle is as well applicable to contracts respecting the sale and conveyance of real as of personal estate. It was applied by this court in the case of Sanborn vs. Osgood, and also in the case cited in the argument by the plaintiff’s counsel, 11 Johns. 50, Frisbee…
2Cases cited3 opinions
- Frisbee v. HoffnagleNew York Supreme Court · 1814
- Ayers v. HewettSupreme Judicial Court of Maine · 1841
- Hatch v. TaylorSuperior Court of New Hampshire · 1840
3Cited by9 opinions
- Aversa v. United StatesCourt of Appeals for the First Circuit · 1996
- Aiello v. Ed Saxe Real Estate, Inc.Supreme Court of Pennsylvania · 1985
- Gage v. GageSuperior Court of New Hampshire · 1854
- Cohen v. BlankSupreme Court of Pennsylvania · 1986
- Gordon v. TafeSupreme Court of New Hampshire · 1981
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