Gregg v. Thurber
Supreme Court of New Hampshire
Petition, alleging that the Security Trust Company was a-corporation lately doing business in Nashua, in this county, and in the state of North Dakota; that while engaged in business it would take notes secured by mortgages on real estate running to itself and negotiate the same to such parties as might desire-to buy; that Anna Slack gave her promissory note to the company for $3,500, and executed and delivered to the- company her mortgage covering 480 acres of land situated…
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Petition, alleging that the Security Trust Company was a-corporation lately doing business in Nashua, in this county, and in the state of North Dakota; that while engaged in business it would take notes secured by mortgages on real estate running to itself and negotiate the same to such parties as might desire-to buy; that Anna Slack gave her promissory note to the company for $3,500, and executed and delivered to the- company her mortgage covering 480 acres of land situated in the county of' Grand Forks and state of North Dakota, and the company afterward sold the note and mortgage to the…
1Opinion of the CourtBlodgett, C. J.
The defendant’s contention, that equity has not jurisdiction of the plaintiff’s petition because he “ has a full, complete, and adequate remedy at law,” requires but a passing consideration. Not only is it the general rule that “ the remedy at law, in order to exclude a concurrent remedy at equity, must be as complete, as practical, and as efficient to the ends of justice and its prompt administration, as the remedy in equity” (Walla Walla v. Water Co., 172 U. S. 1, 12; Tyler v. Savage, 143 U. S. 79, 95), but, in addition, it is now the rule in this state that a bill in equity may be…
2Cases cited3 opinions
- Walla Walla City v. Walla Walla Water Co.Supreme Court of the United States · 1898
- Tyler v. SavageSupreme Court of the United States · 1892
- Hunt v. . JohnsonNew York Court of Appeals · 1859
3Cited by2 opinions
- Lacoss v. LebanonSupreme Court of New Hampshire · 1917
- Marden v. Portsmouth Milling Co.Supreme Court of New Hampshire · 1900