Piper v. Hilliard
Supreme Court of New Hampshire
Bill in Equity (reported in 52 N. H. 209), to foreclose an unrecorded mortgage of shares of a corporation. The plaintiff is mortgagee, and J. M. Hilliard, one of the defendants, is mortgagor. After the mortgage was given, the shares were sold to the defendant, H. S. Hilliard, in the levy of an execution of Jennison & Crane against the mortgagor.
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Bill in Equity (reported in 52 N. H. 209), to foreclose an unrecorded mortgage of shares of a corporation. The plaintiff is mortgagee, and J. M. Hilliard, one of the defendants, is mortgagor. After the mortgage was given, the shares were sold to the defendant, H. S. Hilliard, in the levy of an execution of Jennison & Crane against the mortgagor. The pleadings presented the issue whether Jennison & Crane, at the time of their levy, had notice of the mortgage, and that it was given in good faith to secure a just debt. The defendants excepted, — 1. To the denial of their motion so to amend the…
1Opinion of the CourtSmith, J.
Whether, upon all the circumstances and merits of the case, justice required the allowance of the amendment and the change of the issue raised by the original pleadings, was a question of fact that should be determined at the trial term, and is not reserved. The exception to the denial of the defendants’ motion to amend does not raise a question of law. Farr v. Wheeler, 20 N. H. 569; Bowman v. Sanborn, 25 N. H. 87; Avery v. Bowman, 39 N. H. 393; Taft v. Transportation Co., 56 N. H. 417. Apparently the motion was not seasonably made.
The imperfect record of the mortgage in the books of the…
2Cases cited1 opinion
- Clark v. TarbellSupreme Court of New Hampshire · 1876
3Cited by3 opinions
- Garvin v. LegerySupreme Court of New Hampshire · 1881
- Steeves v. New England Telephone & Telegraph Co.Supreme Court of New Hampshire · 1942
- Morgan v. JoyceSupreme Court of New Hampshire · 1891