Thorpe v. Packard
Supreme Court of New Hampshire
Bill in Equity, for the cancellation of a deed. Trial before Pike, J., at the May term, 1904, of the superior court, and decree for the plaintiff. The defendants reside in Massachusetts, and the plaintiff in this state. Prior to August 24, 1899, the plaintiff had talked with Packard about trading a farm in Hillsborough for Massachusetts real estate.
Read the full summary
Bill in Equity, for the cancellation of a deed. Trial before Pike, J., at the May term, 1904, of the superior court, and decree for the plaintiff. The defendants reside in Massachusetts, and the plaintiff in this state. Prior to August 24, 1899, the plaintiff had talked with Packard about trading a farm in Hillsborough for Massachusetts real estate. On that date the plaintiff met Packard in Boston, and agreed to deed the farm and pay $3,000 in cash for land in Brookline, Massachusetts, owned by Packard, if the latter would find a purchaser for the land. The land was mortgaged to one Rogers…
1Opinion of the CourtYoung, J.
The consideration the plaintiff received for his farm was the Peterson note. He gave Packard his farm and $3,000 for that note. Since the note has not been paid and is in his possession, he is in a position to return the consideration he received for his farm, if equity requires that he should do so. It is unnecessary, both in this state and in Massachusetts, for the injured party to offer to return the consideration he has received before filing a bill to rescind a conveyance which was procured by fraud. That is, the making of an offer of restitution is not a condition precedent to the right…
2Cases cited1 opinion
- Thomas v. BealsMassachusetts Supreme Judicial Court · 1891
3Cited by2 opinions
- Doherty v. BartlettCourt of Appeals for the First Circuit · 1936
- Mears v. HolmesSupreme Court of New Hampshire · 1924