Hunt v. Stiles
Superior Court of New Hampshire
Assumpsit, upon a promissory note. Plea, the general issue, with a brief statement of facts, relied upon as a defence. Verdict was taken for the defendant, subject to the opinion of the court upon the following case.
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Assumpsit, upon a promissory note. Plea, the general issue, with a brief statement of facts, relied upon as a defence. Verdict was taken for the defendant, subject to the opinion of the court upon the following case. On the 16th February, 1836, the plaintiff conveyed to the defendant a parcel of land in Nashua, and received, as the consideration for the conveyance, the defendant’s four promissory notes of that date, each for $375, payable to the plaintiff, or order — the first on demand, the second in one year, the third in two years, and the fourth in three years, and all with interest…
1Opinion of the CourtUpham, J.
Where a mortgagee enters upon and takes possession of land mortgaged, the entry is either for condition broken, and for the purpose pf foreclosure, or to receive the current rents and profits of the land, for the better security of the mortgaged debt. If the entry is for the latter purpose, no foreclosure will be effected until the mortgagee gives due notice to the mortgager, after condition broken, that he shall hold the premises for such breach. Where a mortgagee entered, to take the rents and profits of land merely, before condition broken, and held the same fourteen years after the…
2Cases cited3 opinions
- Amory v. FairbanksMassachusetts Supreme Judicial Court · 1793
- Taylor v. WeldMassachusetts Supreme Judicial Court · 1809
- Omaly v. SwanU.S. Circuit Court for the District of Massachusetts · 1824
3Cited by1 opinion
- Fletcher v. ChamberlinSupreme Court of New Hampshire · 1881