Chase v. Weston
Superior Court of New Hampshire
Assumpsit, upon a promissory note, dated February 2, 1837, for $191-59, payable to Jesse Whitney, or order, in three months, and interest, and by him indorsed to the plaintiff. The writ was dated April 30, 1838. At the trial, it appeared in evidence that on the 7th of January, 1836, Whitney conveyed to the defendant a tract of land in Nashua, with the usual covenants of warranty.
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Assumpsit, upon a promissory note, dated February 2, 1837, for $191-59, payable to Jesse Whitney, or order, in three months, and interest, and by him indorsed to the plaintiff. The writ was dated April 30, 1838. At the trial, it appeared in evidence that on the 7th of January, 1836, Whitney conveyed to the defendant a tract of land in Nashua, with the usual covenants of warranty. The defendant paid part of the consideration, and gave a note for the balance, and afterwards made a further payment, took up the first note, and gave this in lieu of it. At the time of the conveyance, the land was…
1Opinion of the CourtUpham, J.
In this case the note in the hands of the plaintiff is subject to any equitable defence to which it was liable in the hands of the original promisee. Though the note has been transferred to the plaintiff, he has a mere contingent interest in it; holding it only as collateral security for the payment of certain debts due to him, while the legal interest remains in the original promisee. The defence, therefore, if it would avail against the promisee, would avail equally against the present plaintiff.
The suit then stands precisely as if brought by Whitney against Weston. In such case, could…
2Cases cited2 opinions
- Suydam v. JonesNew York Supreme Court · 1833
- Cavis v. McClarySuperior Court of New Hampshire · 1831
3Cited by2 opinions
- Brown v. StaplesSupreme Judicial Court of Maine · 1848
- Drew v. TowleSuperior Court of New Hampshire · 1853