Upton v. Haines
Supreme Court of New Hampshire
Bill in equity, brought by Samuel Upton as guardian of John Rourke, Jr., minor son of John Rourke and his wife, Johannali Rourke, late of Manchester, both deceased, and alleging that said Johannali Rourke died seized of certain real estate situated in said Manchester, known as the whole of lot No. 262, and the easterly half of lot No. 261, on Manchester street; that during their lifetime, to wit, February 12, 1866, the said John and Joliannah Rourke executed and delivered to…
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Bill in equity, brought by Samuel Upton as guardian of John Rourke, Jr., minor son of John Rourke and his wife, Johannali Rourke, late of Manchester, both deceased, and alleging that said Johannali Rourke died seized of certain real estate situated in said Manchester, known as the whole of lot No. 262, and the easterly half of lot No. 261, on Manchester street; that during their lifetime, to wit, February 12, 1866, the said John and Joliannah Rourke executed and delivered to the defendants a mortgage deed of the said premises, to secure the payment of a note of the same date for $2,000,…
1Opinion of the Court
It is not distinctly denied in the bill that Johannah Rourke knew for what purpose the note and mortgage, which she executed with her husband, were given. The plaintiff alleges that John Rourke was a saloon keeper and retail dealer in liquors, and, in order to obtain credit for ale and beer thereafter to be sold by the defendants to him, and for no other consideration whatever, he and his wife executed the note and mortgage in question, and that whatever sum, if any, is due upon said note, is due for ale and beer sold under this arrangement.
In State v. Biddle, 54 N.H. 379, it was held that…
2Cases cited7 opinions
- White v. HunterSuperior Court of New Hampshire · 1851
- Dickinson v. DavisSupreme Court of New Hampshire · 1862
- Leach v. TiltonSupreme Court of New Hampshire · 1860
- Pembroke v. AllenstownSuperior Court of New Hampshire · 1850
- State v. BiddleSupreme Court of New Hampshire · 1874
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Belisle v. BelisleSupreme Court of New Hampshire · 1937