Quimby v. Stoddard
Supreme Court of New Hampshire
Writ or Entry, to recover mortgaged real estate in Columbia, Facts found by a referee. June 7, 1877, the defendant made and delivered to Zilpha A. Titus his six promissory notes, amounting in the whole to $650, payable to her or bearer, one in the month of January of each year, beginning with January, 1879, and ending with January, 1884, with interest annually, and secured them by a mortgage of the same date to Mrs. Titus, covering the land described in the writ.
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Writ or Entry, to recover mortgaged real estate in Columbia, Facts found by a referee. June 7, 1877, the defendant made and delivered to Zilpha A. Titus his six promissory notes, amounting in the whole to $650, payable to her or bearer, one in the month of January of each year, beginning with January, 1879, and ending with January, 1884, with interest annually, and secured them by a mortgage of the same date to Mrs. Titus, covering the land described in the writ. A year or two later Mrs. Titus-handed the notes and mortgage to her son-in-law, Harrison Annis, with the request that he deposit…
1Opinion of the CourtSmith, J.
The notes in controversy, given by the defendant in 1877, were the property of Mrs. Titus when the plaintiff received them from Williams as security for her loan to him. They had been deposited by Mrs. Titus with Williams for safe keeping merely. Being payable to Mrs. Titus or bearer, they would pass without endorsement to a bona fide holder, before maturity, without notice of any defect in Williams’s title. The plaintiff received them in 1887, more than eight years after the first and more than three years after the last note became due. The interest, payable annually, had not been paid…
2Cases cited7 opinions
- Clark v. SigourneySupreme Court of Connecticut · 1846
- Towner v. McClellandIllinois Supreme Court · 1884
- Chase v. WhitmoreCalifornia Supreme Court · 1886
- Foley v. SmithSupreme Court of the United States · 1868
- Greenwell v. HaydonCourt of Appeals of Kentucky · 1880
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