Wood v. Garland
Supreme Court of New Hampshire
Assumpsit, on an account annexed. Writ dated March 16, 1875. Garland was defaulted, and W. & T., subsequent attaching creditors, appeared to defend. Garland purchased goods of the plaintiffs, to be paid for January 1,1875, and on that day he settled his account by giving two notes, one on three and the other on four months. The plaintiffs were induced to take the notes and extend the time of payment, by the fraud and deceit of Garland.
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Assumpsit, on an account annexed. Writ dated March 16, 1875. Garland was defaulted, and W. & T., subsequent attaching creditors, appeared to defend. Garland purchased goods of the plaintiffs, to be paid for January 1,1875, and on that day he settled his account by giving two notes, one on three and the other on four months. The plaintiffs were induced to take the notes and extend the time of payment, by the fraud and deceit of Garland. They did not negotiate the notes, but produced them on the trial, and, against the objection of W. & T., were allowed by the court to cancel and file them with…
1Opinion of the CourtStanley, J.
The general rule is, that the party who would recover back, on the ground of fraud, what he has parted with, must, before he brings his suit, return, or offer to return, what he has received; but this is not the rule where the vendor has received nothing in payment but the notes of the vendee. It is sufficient, in such cases, if the notes are produced on the trial ready then to be cancelled. When the sale is procured by fraud, no title passes; hence, rescinding the sale rescinds the contract of purchase, and the notes, never having been negotiated, fall with the contract. The production and…
2Cases cited3 opinions
- Nichols v. . MichaelNew York Court of Appeals · 1861
- Bassett v. BrownMassachusetts Supreme Judicial Court · 1870
- Armstrong v. TufftsNew York Supreme Court · 1849
3Cited by2 opinions
- Mead v. WelchSupreme Court of New Hampshire · 1892
- Cain v. DickensonSupreme Court of New Hampshire · 1880