Aldrich v. Whitaker

Aldrich & A., Adm’rs, v. Whitaker & A.

Aldrich v. Whitaker, 47 A. 591 (N.H. 1900)

Court: Supreme Court of New Hampshire · State Highest Courts
Decided: June 5, 1900
Judges: Young, Parsons
Citations: 47 A. 59170 N.H. 627

Cited by 0

Summary

Bill in Equity, to foreclose a mortgage given by the defendants to the plaintiffs’ testator to secure their joint note. Trial by the court. Subject to exception, the defendants were permitted to show that there was no consideration for the note. The court found that the note was without consideration and ordered the bill dismissed, and the plaintiffs excepted.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Young

Young, J.

The question the plaintiffs have discussed is not in the case, for this is an action to collect a note. Want of consideration is a defence to such an action when it is brought by the original payee of the note or his personal representatives (Murray v. Whitcomb, 58 N. H. 50), and may be shown by parol evidence.

Bigelow v. Bigelow, 93 Me. 439 . No question of law is raised by the other exception.

Sxceptions overruled.

Parsons, J., did not sit: the others concurred.

How later courts describe this case

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Cited by 0 cases

No case in this database cites this case.

Authorities cited 1

Depth	Case	Cited by
	Bigelow v. Bigelow, 45 A. 513 (Me. 1900)	8

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