Brown v. Simons
Supreme Court of New Hampshire
This was a bill in equity, alleging the purchase by Samuel Andrews-of George ~W. Thayer, of a considerable tract of land in Manchester, valuable for building lots, on the 17th day of October, 1855, and a mortgage back on the same day, to secure the payment of the price; that the land was afterward, by said Andrews, cut up into house-lots, and the greater part sold at various times to different persons ; and among others, one lot was sold to Otis Chamberlain, November 5,…
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This was a bill in equity, alleging the purchase by Samuel Andrews-of George ~W. Thayer, of a considerable tract of land in Manchester, valuable for building lots, on the 17th day of October, 1855, and a mortgage back on the same day, to secure the payment of the price; that the land was afterward, by said Andrews, cut up into house-lots, and the greater part sold at various times to different persons ; and among others, one lot was sold to Otis Chamberlain, November 5, 1856, and by him to the plaintiff, who now holds the same ; that some of the deeds were recorded soon after, they were…
1Opinion of the CourtBellows, J.
The denial in the answer of Simons, of an offer to pay the amount of the Thayer mortgage, is, we think, overcome by the testimony of the plaintiff and Isaac W. Fogg, which sustains the allegations in the bill. From their statements it appears that *477the plaintiff, in the presence of Fogg, met the defendant Simons on the 27th day of December, 1859, and proposed to pay him the amount of the Thayer mortgage, and take an assignment of it; that Simons declined the proposal, and the plaintiff then proposed to pay it without any assignment, and took out his pocket-book and offered to pay it, he…
2Cases cited18 opinions
- Brush v. WareSupreme Court of the United States · 1841
- Guion v. KnappNew York Court of Chancery · 1836
- Jenkins v. FreyerNew York Court of Chancery · 1833
- General Insurance v. United States InsuranceCourt of Appeals of Maryland · 1857
- Parkist v. AlexanderNew York Court of Chancery · 1815
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3Cited by2 opinions
- Case v. St. Mary's BankSupreme Court of New Hampshire · 2013
- Jacobs v. StevensSupreme Court of New Hampshire · 1876