Legal Opinion

Lang v. Stockwell

Supreme Court of New Hampshire

Decided August 12, 1875PublishedCited by 4 opinions

Teespass, de honis, to recover the value of a horse and wagon. Tried before Stanley, J. Plea, the general issue, with a brief statement justifying under an attachment.

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Teespass, de honis, to recover the value of a horse and wagon. Tried before Stanley, J. Plea, the general issue, with a brief statement justifying under an attachment. The evidence tended to show, that, prior to March 1, the horse and wagon in question wore owned by one McDuffie; that he had been engaged in the lumbering business at Jefferson, in this state, where the plaintiff then resided, and that he and his men had- boarded with the plaintiff; that, on said March 4, there was a looking-over between her and McDuffie, and that it was then agreed by and between them that he should let the…

1Opinion of the Court

Secret trust — Reservation of use of chattel by vendor. In Coburn v. Pickering, 3 N.H. 424, the court, RICHARDSON, C. J., say, — "A sale of goods, in order to be considered as made bona fide with respect to creditors, must be made without any trust whatever, either express or implied. It is not permitted to a debtor to convey away his goods, by sale, with any secret understanding between him and the vendee, that the goods shall be holden for the benefit of the vendor, in any way whatever. The nature of the benefit reserved in the sale is immaterial. It matters not whether the benefit is to…

2Cases cited3 opinions

  1. Coburn v. PickeringSuperior Court of New Hampshire · 1826
  2. Coolidge v. MelvinSupreme Court of New Hampshire · 1861
  3. Spear v. RichardsonSupreme Court of New Hampshire · 1857

3Cited by4 opinions

  1. Cutting v. JacksonSupreme Court of New Hampshire · 1875
  2. Sumner v. DaltonSupreme Court of New Hampshire · 1878
  3. Flagg v. PierceSupreme Court of New Hampshire · 1878
  4. Harrington v. BlanchardSupreme Court of New Hampshire · 1900

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