Hamlin v. Oliver
Supreme Court of New Hampshire
Case, for deceit. Transferred without ruling from the May term, 1914, of the superior court by Young, J. The first count of the declaration alleges in substance as follows: In September, 1897, the defendant borrowed $600 of the plaintiff and gave as security therefor a mortgage of real estate. Subsequently she borrowed $200 more and gave the plaintiff a deed of the mortgaged premises, taking a bond for reconveyance.
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Case, for deceit. Transferred without ruling from the May term, 1914, of the superior court by Young, J. The first count of the declaration alleges in substance as follows: In September, 1897, the defendant borrowed $600 of the plaintiff and gave as security therefor a mortgage of real estate. Subsequently she borrowed $200 more and gave the plaintiff a deed of the mortgaged premises, taking a bond for reconveyance. The loans were not paid, and the defendant surrendered the bond upon receipt of a further sum. At the time of the first loan, the defendant showed the plaintiff certain land and…
1Opinion of the CourtPlummer, J.
The fraudulent concealment by the defendant of the plaintiff’s cause of action is an answer to the plea of the statute of limitations. Quimby v. Blackey, 63 N. H. 77, 78; State v. Nute, 63 N. H. 79, 80; Way v. Cutting, 20 N. H. 187. If the defendant pleads the statute, it may be avoided by proof of the facts alleged in the second count.
In an action for deceit, the plaintiff must allege and prove, not only that the representation was false, but also that it was made with a fraudulent intent. Spead v. Tomlinson, 73 N. H. 46, 60. “ The declaration should include an averment of a scienter, that…
2Cases cited4 opinions
- Spead v. TomlinsonSupreme Court of New Hampshire · 1904
- Springfield v. DrakeSupreme Court of New Hampshire · 1876
- Quimby v. BlackeySupreme Court of New Hampshire · 1884
- State v. NuteSupreme Court of New Hampshire · 1884
3Cited by6 opinions
- Roberts v. Richard & Sons, Inc.Supreme Court of New Hampshire · 1973
- Cheshire Medical Center v. W.R. Grace & Co.District Court, D. New Hampshire · 1991
- Premium Management, Inc. v. Robert Walker v. David M. Emery, Third PartyCourt of Appeals for the First Circuit · 1981
- Zee-Bar, Inc.-N.H. v. KaplanDistrict Court, D. New Hampshire · 1992
- Archdiocese San Salv. v. FM Inter’lDistrict Court, D. New Hampshire · 2006
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