Wells v. Foster
Supreme Court of New Hampshire
W hit oe Entry, on a mortgage executed by Charles Foster and his wife Louisa, March 29, 1883, to Herbert B. Moulton, to secure the payment of their note of that date for $800, payable to Moulton or order on demand with interest. Facts found by the court. After the note was overdue, it was endorsed, and the mortgage assigned by Moulton to the plaintiffs for value. Charles was defaulted; the administrator defends under the general issue, with a brief statement.
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W hit oe Entry, on a mortgage executed by Charles Foster and his wife Louisa, March 29, 1883, to Herbert B. Moulton, to secure the payment of their note of that date for $800, payable to Moulton or order on demand with interest. Facts found by the court. After the note was overdue, it was endorsed, and the mortgage assigned by Moulton to the plaintiffs for value. Charles was defaulted; the administrator defends under the general issue, with a brief statement. Louisa died pending the suit, leaving a will by which she gave to her husband one dollar, to her two sons one dollar each, and the…
1Opinion of the CourtDoe, C. J.
As we understand the case, it is found as a fact that Mrs. Foster did not sign the note as surety for her husband, and that the money which she promised to repay was hired not by him as a principal, but by her. Her alterable intention to give him the money did not suspend her legal capacity to hire it. The case is determined by Parsons v. McLane, 64 N. H. 478.
Judgment for the plaintiff.
Carpenter, J., did not sit: the others concurred.
2Cases cited1 opinion
- Parsons v. McLaneSupreme Court of New Hampshire · 1887
3Cited by4 opinions
- Iona Savings Bank v. BoyntonSupreme Court of New Hampshire · 1896
- First National Bank of Newport v. HuntonSupreme Court of New Hampshire · 1898
- White Mountain National Bank v. NoyesSupreme Court of New Hampshire · 1924
- White Mountain National Bank v. MalloySupreme Court of New Hampshire · 1944