Presby v. Parker
Supreme Court of New Hampshire
From Merrimack Circuit Court. In equity. The bill prays for an injunction restraining said Parker from selling or transferring the notes mentioned in the report of the referee, and that the same may be delivered up to be cancelled.
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From Merrimack Circuit Court. In equity. The bill prays for an injunction restraining said Parker from selling or transferring the notes mentioned in the report of the referee, and that the same may be delivered up to be cancelled. The cause was committed to a referee, who reported the following conclusions of fact and of law ; and the questions arising thereon were transferred to this court for such action, order, or decree, as may be directed by Foster, 0. J.: — In the early part of the fall of 1869, the defendant — Alfred W. Parker — was the owner of a farm in Concord (Millville), which,…
1Opinion of the Court
FROM MERRIMACK CIRCUIT COURT. The ground upon which it is contended that the defendant ought not to be deprived of the fruits of Hutchinson's fraud (which he holds in the shape of the notes given by the plaintiff upon the purchase of the land) is, that Hutchinson was not acting as his agent in that transaction. In other words, it is claimed he should be permitted to ratify and adopt all that part of Hutchinson's conduct which is beneficial to himself, and disaffirm and repudiate the rest, and so escape the consequences of a fraud so gross and criminal. Fortunately, the justice of this case is…
2Cited by1 opinion
- Anderson v. ScottSupreme Court of New Hampshire · 1900