Heath v. West
Superior Court of New Hampshire
Trespass for a horse, which the plaintiff purchased of one Dennison, paying $75 in cash, and giving his notes, secured by a mortgage of the horse, for the balance. West defended as assignee of the mortgage to Dennison, to whom he had, at the plaintiff’s request, paid the amount due thereon. Bellows defended as the servant of West. West took the horse on the mortgage, and, to close it, advertised him for sale.
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Trespass for a horse, which the plaintiff purchased of one Dennison, paying $75 in cash, and giving his notes, secured by a mortgage of the horse, for the balance. West defended as assignee of the mortgage to Dennison, to whom he had, at the plaintiff’s request, paid the amount due thereon. Bellows defended as the servant of West. West took the horse on the mortgage, and, to close it, advertised him for sale. At the time notified, the plaintiff was present and forbid the sale, claiming the horse as his property, free from the mortgage; and getting the possession of the horse, without the…
1Opinion of the CourtEastman, J.
When this case was before this court at a previous term, it was held that the assignment of the mortgage, by Dennison to West, was good, and that West succeeded to the rights of Dennison. If, therefore, Dennison could successfully defend against the action, West can.
Where property is sold and a mortgage given back to secure the purchase money, it is in law one transaction. This is well settled in regard to real estate, and we see no reason why the doctrine should not be applied to personal property. Roberts v. Wiggin, 1 N. H. Rep. 73 ; Robbins v. Eaton, 10 N. H. Rep. 563 ; Bigelow v. Kinney,…
2Cases cited9 opinions
- Hanmer v. WilseyNew York Supreme Court · 1837
- Bigelow v. KinneySupreme Court of Vermont · 1830
- Putnam v. WyleyNew York Supreme Court · 1811
- Richardson v. BorightSupreme Court of Vermont · 1837
- Roberts v. WigginSuperior Court of New Hampshire · 1817
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