44 N.H. 40 | N.H. | 1860
In the absence of conclusive evidence the jury might have found that the plaintiffs relinquished their attachment, upon- the agreement that the defendant should mortgage the real estate to secure Clement’s debt to them; and also that the defendant’s name was subscribed to the note without her knowledge or consent by Mrs. Clement. If the jury had so found, it could hardly be claimed that the defendant was estopped to deny the signature by this transaction, for no act, representation, or neglect of hers as to the note, could be held to have induced the plaintiffs to relinquish their attachment. They would have obtained all the security they were to receive in consideration of releasing the attachment, without her signature to the note. The fact that she subsequently took possession of the mortgaged personal property is not shown to have induced the plaintiffs to alter their situation or conduct in any respect, or even to have come to their knowledge before the commencement of this suit. The mere fact of the possession or sale of such property is not necessarily inconsistent with her right to disavow the note; but if, knowing the amount of the note, and the fact that her name had been affixed to it by Mrs. Clement, she took
New trial granted.