Fling v. Goodall
Supreme Court of New Hampshire
The questions of law arise in this case, upon the- disclosure of the trustee, Chester O. Hutchins, as follows : “ In 1853 Mr. Goodall, being indebted to me in the sum' of about $8,000 — the exact sum I cannot now state— pledged to me, as collateral security for the same, sundry negotiable promissory notes, all of which were secured by mortgages on real estate, executed by the makers of said notes.
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The questions of law arise in this case, upon the- disclosure of the trustee, Chester O. Hutchins, as follows : “ In 1853 Mr. Goodall, being indebted to me in the sum' of about $8,000 — the exact sum I cannot now state— pledged to me, as collateral security for the same, sundry negotiable promissory notes, all of which were secured by mortgages on real estate, executed by the makers of said notes. Of these notes I have collected sufficient to pay a small portion only of my debt. I have since received, to hold in pledge in the same manner as the above named notes, a negotiable promissory note,…
1Opinion of the CourtSargent, J.
It appears by the disclosure that the defendant was largely indebted to the trustee, and had delivered to him negotiable promissory notes, secured by mortgage upon real estate, as collateral security for said indebtedness; and that, subsequent to this, the trustee had signed a certain guardian’s bond with the defendant, at his request, with an agreement that the trustee should hold said securities also as indemnity against any liability upon said bond; all which was done before the service of the trustee process in this suit; and that said debt from the defendant still remains due and unpaid,…
2Cited by2 opinions
- Pappalardo v. Bank of BostonSupreme Court of New Hampshire · 1991
- Mitchell Bros. v. Green & Burnham & Indian Head National BankSupreme Court of New Hampshire · 1883