Barton v. Croydon
Supreme Court of New Hampshire
Bill tn Equity, for an injunction to restrain the defendants from proceeding at law in the collection of .a note given by the plaintiff upon the purchase of a farm, which was mortgaged to the defendants to secure the same. The cause was heard on a demurrer to the bill
1Opinion of the CourtCarpenter, J.
Including the note and mortgage to the defendants, the plaintiff paid the stipulated price for the farm. He was not injured by his mistaken supposition, however caused, that the farm was mortgaged directly to the defendants. It was immaterial to him by what means, whether by fraud or otherwise, his vendor was induced to require, or to consent, that a part of the purchase-money should be paid to the defendants. Upon the allegations of the bill as it stands, the plaintiff, however it might be with his vendor, who is not a party, and makes no complaint, has received no injury, and is entitled to…
2Cases cited1 opinion
- Holt v. Penacook Savings BankSupreme Court of New Hampshire · 1883
3Cited by1 opinion
- White v. Fernald-Woodward Co.Supreme Court of New Hampshire · 1910