Cutting v. Whittemore
Supreme Court of New Hampshire
Teovee, for a steam sawmill. Trial by tbe court. Transferred from tbe November term, 1902, of tbe superior court by Peaslee, J. July 23, 1892, tbe Forsaitli Machine Company sold to F. P. Nutting and bis brother the property in question, upon tbe under standing that tbe title should not pass until tbe purchase price was paid. A memorandum witnessing tbe condition of the sale was duly executed and recorded, and lien notes representing tbe purchase price were taken.
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Teovee, for a steam sawmill. Trial by tbe court. Transferred from tbe November term, 1902, of tbe superior court by Peaslee, J. July 23, 1892, tbe Forsaitli Machine Company sold to F. P. Nutting and bis brother the property in question, upon tbe under standing that tbe title should not pass until tbe purchase price was paid. A memorandum witnessing tbe condition of the sale was duly executed and recorded, and lien notes representing tbe purchase price were taken. Tbe brother soon retired from tbe business, and F. P. Nutting thereafter conducted it. He took uptbe lien notes from time to time,…
1Opinion of the CourtBingham, J.
1. As Chellis is the plaintiff in interest, the rights of the parties will be considered and determined as though the suit was brought in his name. Whatever right he has to maintain this action arises out of his ownership of the Barney note and mortgage. He contends that the title to the property passed to Nutting when he gave the Machine Company his individual notes and- received from them the lien notes; that the conduct of the parties worked a novation — a substitution of a new contract for the lien claim.
It has been said that to create a novation, “ there must be present ... all the…
2Cases cited8 opinions
- Ross-Meehan Brake Shoe Foundry Co. v. Pascagoula Ice Co.Mississippi Supreme Court · 1895
- Bingham v. VandegriftSupreme Court of Alabama · 1890
- Chase v. IngallsMassachusetts Supreme Judicial Court · 1877
- McPherson v. Acme Lumber Co.Mississippi Supreme Court · 1893
- Dederick v. WolfeMississippi Supreme Court · 1891
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- State of New Hampshire v. Lisa CollynsSupreme Court of New Hampshire · 2014
- Babbitt v. Chicago & Alton Railway Co.Missouri Court of Appeals · 1910
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