Hall v. Hall
Supreme Court of New Hampshire
Assumpsit, upon a promissory note dated February 21, 1870. Writ dated December 15, 1885. Plea, the statute of limitations. Facts found by the court. The note was originally secured by a personal mortgage of the same date; but none of .the mortgaged chattels were in existence at the time the suit was commenced.
1Opinion of the CourtAllen, J.
As the law stood prior to January 1, 1879, when the General Laws went into effect, actions upon notes secured by mortgage might be brought so long as the plaintiff was entitled to bring an action upon the mortgage. Rev. Sts., c. 181, s. 5; Comp. Sts., c. 192, s. 6; Gen. Sts., c. 202, s. 5. Assuming (what the case does not show, but what may be inferred to be the fact) that the personal mortgage held by the plaintiff’s decedent was under seal, an action might have been brought upon it at any time within twenty years after the action accrued (G. L.,- c. 221, s. 4), and a right of action upon…
2Cases cited1 opinion
- Rowell v. RailroadSupreme Court of New Hampshire · 1879
3Cited by4 opinions
- Del Norte, Inc. v. ProvencherSupreme Court of New Hampshire · 1997
- Phinney v. LevineSupreme Court of New Hampshire · 1976
- Hargraves v. IgoSupreme Court of New Hampshire · 1888
- Wiggin v. ManchesterSupreme Court of New Hampshire · 1904