Day v. Towns
Supreme Court of New Hampshire
Bill in Equity, to establish the plaintiff’s rights under a mortgage. Trial by the court. Transferred from the October term, 1910, of the superior court by Mitchell, J. In 1889, Moody Towns, father of the plaintiff and the defendant, conveyed his farm to the defendant and took back a mortgage conditioned to “provide for both in sickness and in health, for the said Moody Towns and his wife, . . . during their natural life or either of them, furnish them with clothing, care,…
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Bill in Equity, to establish the plaintiff’s rights under a mortgage. Trial by the court. Transferred from the October term, 1910, of the superior court by Mitchell, J. In 1889, Moody Towns, father of the plaintiff and the defendant, conveyed his farm to the defendant and took back a mortgage conditioned to “provide for both in sickness and in health, for the said Moody Towns and his wife, . . . during their natural life or either of them, furnish them with clothing, care, nursing, and doctoring, and at their decease give them a Christian burial. And shall furnish and give Flora S. Towns a…
1Opinion of the CourtPeaslee, J.
The chief question here presented is the construction of the defendant’s agreement to “furnish and give Flora S. Towns a home upon said premises.” The defendant’s claim is that he is merely obliged to furnish lodging, while the plaintiff seeks to recover for both lodging and sustenance. It is manifest that the word “home” has not such a fixed meaning that it would accurately and precisely limit an obligation like the one here in question. Recourse may therefore be had to other evidence to ascertain the intent of the parties. Kendall v. Green, 67 N. H. 557.
It appears that for nearly twenty…
2Cases cited2 opinions
- Kendall v. GreenSupreme Court of New Hampshire · 1893
- Morrill v. WeeksSupreme Court of New Hampshire · 1899
3Cited by4 opinions
- Gwinn v. HobbsIndiana Court of Appeals · 1923
- Decatur v. CooperSupreme Court of New Hampshire · 1931
- Glendening v. Fed. Land Bank of LouisvilleIndiana Court of Appeals · 1942
- Cordopatis v. BakalopoulosSupreme Court of New Hampshire · 1918