Webb v. Stone
Superior Court of New Hampshire
Trover, for a horse. Plea, the general issue. The plaintiff claimed title to the property by virtue of a mortgage from the. defendant to himself, dated October 17th, 1846. The mortgage was dtdy signed, sworn to and recorded, and included the property in question.
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Trover, for a horse. Plea, the general issue. The plaintiff claimed title to the property by virtue of a mortgage from the. defendant to himself, dated October 17th, 1846. The mortgage was dtdy signed, sworn to and recorded, and included the property in question. The condition of the mortgage was to pay two promissory, notes due from the defendant to the plaintiff, as follows: “ One, dated Guildhall, June 15th, 1844. For value received I promise to pay Greenlief Webb, or his order, the sum of thirty-six dollars and fifty cents, payable in saleable neat stock, at cash price, by the first day…
1Opinion of the CourtBell, J.
There is nothing in our statute relative to personal mortgages which prescribes any different rule as to the description of the debt secured, from that required at common law. Substantial correctness, such as may prevent mistake or uncertainty as to the debt intended, is all that has ever been required. The ordinary rules applicable to the description of persons or property, apply to the description of the debt. If necessary, in order to understand what person or thing is meant, courts inquire into all the circumstances of the case, and, comparing the description given with all the matters to…
2Cases cited10 opinions
- Jackson ex dem. Smith v. MarshNew York Supreme Court · 1826
- Concord Bank v. GreggSuperior Court of New Hampshire · 1843
- Luey v. BundySuperior Court of New Hampshire · 1838
- Lyman v. LoomisSuperior Court of New Hampshire · 1831
- Robertson v. StarkSuperior Court of New Hampshire · 1844
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3Cited by1 opinion
- Benton v. SumnerSupreme Court of New Hampshire · 1876