Fessenden v. Taft
Supreme Court of New Hampshire
Bile in Equity, to foreclose a mortgage of land in New Hampshire, given to secure a promissory note for $-1,000, made in Massachusetts by George Taft, and payable to the plaintiff, both Taft and the plaintiff being' at the time residents of Massachusetts. Facts found by a referee.
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Bile in Equity, to foreclose a mortgage of land in New Hampshire, given to secure a promissory note for $-1,000, made in Massachusetts by George Taft, and payable to the plaintiff, both Taft and the plaintiff being' at the time residents of Massachusetts. Facts found by a referee. The consideration for the note was in part a prior indebtedness of $2,200 from said Taft to the plaintiff, and it was agreed that the balance of $1,800 should be retained by the plaintiff until the release of an attachment upon the premises made in a suit brought by one Roberts against said Taft. After-wards, said…
1Opinion of the CourtClark, J.
The note being a Massachusetts contract is governed by the law of Massachusetts. The mortgage, although executed in Massachusetts by citizens of that state, being a conveyance of land in New Hampshire, is controlled by the law of New Hampshire. The consideration of the note being an indebtedness of the maker to the payee of twenty-two hundred dollars, and a promise of the payee to pay to the maker eighteen hundred dollars when the mortgaged premises were released from attachment, was sufficient, and the mortgage is valid by the law of New Hampshire. The amount of the advance, eighteen hundred…
2Cases cited1 opinion
- Marvin v. MandellMassachusetts Supreme Judicial Court · 1878
3Cited by6 opinions
- Thomson v. KyleSupreme Court of Florida · 1897
- Conner v. ElliottSupreme Court of Florida · 1920
- Hannah v. VenselIdaho Supreme Court · 1911
- Culver v. GrahamWyoming Supreme Court · 1889
- Hawthorne v. WaltonNevada Supreme Court · 1956
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