Rice v. Raitt
Superior Court of New Hampshire
"Writ or Entry upon a mortgage. The defendant, by an agreement of the parties, suffered default, and upon a hearing in chancery the following facts appeared from the report of an auditor, to whom the accounts were sub- ' mitted: James Raitt, the defendant, by his deed, dated the 80th day of June, 1841, conveyed the demanded premises to Samuel P. Allen & Co. in mortgage, to secure the payment of a promissory note for one thousand dollars, dated the same day, signed by Raitt,…
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"Writ or Entry upon a mortgage. The defendant, by an agreement of the parties, suffered default, and upon a hearing in chancery the following facts appeared from the report of an auditor, to whom the accounts were sub- ' mitted: James Raitt, the defendant, by his deed, dated the 80th day of June, 1841, conveyed the demanded premises to Samuel P. Allen & Co. in mortgage, to secure the payment of a promissory note for one thousand dollars, dated the same day, signed by Raitt, and payable to said Allen & Co., or order, in thirty days, with interest; and of another promissory note of the like…
1Opinion of the Court
"Woods, J.
The plaintiffs are holders of sundry notes of the defendant, which were transferred to them by George W. Nice.. Of these, two had been made payable to Allen & Co., and had, before they came to the hands of the plaintiffs, been paid in part; so that there remained due upon them the sum of $472.32. The notes, moreover, had been dishonored long before they had been received by the plaintiffs, and were of course subject to any equitable defence which might have been set up against them in the hands of any previous holder of them after their dishonor.
The other note was for $1,000, and…
2Cases cited1 opinion
- Williams v. LittleSuperior Court of New Hampshire · 1840