Brown v. Fitzgerald
Supreme Court of New Hampshire
Bill in Equity, to foreclose a mortgage. The defendant’s answer alleged fraud in the sale, and claimed damages, to be applied in reduction of the mortgage note. Trial by jury upon the issue of deceit. Verdict for the defendant. The defendant was allowed to amend his answer, subject to exception.
Read the full summary
Bill in Equity, to foreclose a mortgage. The defendant’s answer alleged fraud in the sale, and claimed damages, to be applied in reduction of the mortgage note. Trial by jury upon the issue of deceit. Verdict for the defendant. The defendant was allowed to amend his answer, subject to exception. The defendant’s evidence tended to prove that, when negotiations for the sale were in progress, the plaintiffs, who knew where the true, line was, pointed out a line some distance east thereof, and that he believed this representation to be true and relied upon it in making the purchase. The…
1Opinion of the CourtPike, J.
Whether justice required the amendment was a question of fact for the trial term. Gagnon v. Connor, 64 N. H. 276.
The defendant’s evidence tended to prove that the plaintiffs had made a false and fraudulent representation to him concerning the location of the line, and that he relied on the representation. This tended to support the defendant’s allegation of deceit. Gage v. Gage, 29 N. H. 533, 543; Jones v. Emery, 40 N. H. 348, 350; Coon v. Atwell, 46 N. H. 510, 513; Messer v. Smyth, 59 N. H. 41. The motion for a nonsuit was properly denied.
Exceptions overruled.
Peaslee, J., did not sit: the…
2Cases cited2 opinions
- Messer v. SmythSupreme Court of New Hampshire · 1879
- Gagnon v. ConnorSupreme Court of New Hampshire · 1886
3Cited by1 opinion
- Kittredge v. BartisSupreme Court of New Hampshire · 1929