Gooding v. Riley
Supreme Court of New Hampshire
In Equity. This bill, brought by Josiah Gooding against John Riley and Ezra Haskill, alleges a mortgage made by Haskill, one of the defendants, to one Lawrence, May 11, 1865, of certain machinery in a flax mill, to secure the payment of Haskill’s note to him of the same date for $6,000, given for money loaned to Haskill by Lawrence, and avers that the mortgage was duly executed and recorded, and ready in court to be produced; that on the same day said note and mortgage were…
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In Equity. This bill, brought by Josiah Gooding against John Riley and Ezra Haskill, alleges a mortgage made by Haskill, one of the defendants, to one Lawrence, May 11, 1865, of certain machinery in a flax mill, to secure the payment of Haskill’s note to him of the same date for $6,000, given for money loaned to Haskill by Lawrence, and avers that the mortgage was duly executed and recorded, and ready in court to be produced; that on the same day said note and mortgage were duly transferred to the plaintiff for a full consideration, and in good faith, and that he now holds the same, and is…
1Opinion of the Court
Bellows, O. J.
One question is, whether the defendants can have oyer of the mortgage held by the plaintiff of which profert was made, *403and enroll it, and thus by demurrer take advantage of a defect in its execution not apparent on the face of the bill.
If he can, it raises the question whether a subsequent mortgagee, with full knowledge of the plaintiff’s mortgage that it was made upon full consideration and in good faith, can take advantage of the want of the affidavit prescribed by the statute to the truth and justice of the plaintiff’s mortgage.
If in general, he could do so, whether such…
2Cases cited17 opinions
- Dickerson v. TillinghastNew York Court of Chancery · 1833
- Gregory v. ThomasNew York Supreme Court · 1838
- Lloyd v. BrewsterNew York Court of Chancery · 1834
- Colton v. RossNew York Court of Chancery · 1831
- Meech v. . PatchinNew York Court of Appeals · 1856
12 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Bezanson v. Laconia Savings Bank (In re Bertholet Enterprises, Inc.)United States Bankruptcy Court, D. New Hampshire · 1987
- Clark v. TarbellSupreme Court of New Hampshire · 1876
- Tucker v. TiltonSupreme Court of New Hampshire · 1875
- Tucker v. TiltonSupreme Court of New Hampshire · 1875