59 N.H. 452 | N.H. | 1879
"A purchaser of land subject to a mortgage, having paid the mortgage notes and afterwards obtained a loan upon them by representations leading to the belief that the mortgage was still a subsisting lien, is estopped from showing and insisting upon the fact of the payment of the notes. It would be a fraud on his part thus to contradict a statement to the injury of another who had been influenced to act upon the statement as true." Jones Mort., s. 947; International Bank v. Bowen,
Judgment for the plaintiff.
DOE, C. J., did not sit: the others concurred.