Eaton v. George
Superior Court of New Hampshire
A. having given B. several notes of hand, and conveyed to him his farm in mortgage secure the payment of them, afterwards conveyed the same farm to C. absolutely ; and 0. having paid to B. the amount of the notes, and taken an assignment o/ rhe n.ougxae, brought a suit in B.'s name against JL upon the norf\.. H was held that the notes must be considered as paid, and that no suit could ne maintained upon them against A. This was an action of assumpsit.
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A. having given B. several notes of hand, and conveyed to him his farm in mortgage secure the payment of them, afterwards conveyed the same farm to C. absolutely ; and 0. having paid to B. the amount of the notes, and taken an assignment o/ rhe n.ougxae, brought a suit in B.'s name against JL upon the norf\.. H was held that the notes must be considered as paid, and that no suit could ne maintained upon them against A. This was an action of assumpsit. The first count was upon a note of hand made bj the defendant, dated March 31, 1815, for $52, payable to the plaintiff, or order. The second…
1Opinion of the CourtRichardson, C. J.
There is no foundation for this action. Flanders, having George’s right in equity to redeem the land, paid to Eaton *301the amount due upon the mortgage, and took an assignment of it. Flanders thus became seized of the land absolutely in fee simple, and the mortgage was discharged. Andas Flanders, in redeeming the land, stood in George's place, the payment to Eaton by Flanders is as much a payment of the notes, as if it had been made by George himself; and the notes having been once paid, it is clear, that no action can be maintained upon them.
If Harris conveyed to Flanders the mere right to…
2Cited by2 opinions
- Greenough v. RolfeSuperior Court of New Hampshire · 1828
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