Gage v. Dow
Supreme Court of New Hampshire
Assumpsit, to recover the sum of $1;140.20 received by the defendant within four months prior to the commencement of proceedings in bankruptcy by B. R. Dow, of whose estate the plaintiff is assignee, the defendant knowing that said B. R. Dow was insolvent. Facts found by a referee.
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Assumpsit, to recover the sum of $1;140.20 received by the defendant within four months prior to the commencement of proceedings in bankruptcy by B. R. Dow, of whose estate the plaintiff is assignee, the defendant knowing that said B. R. Dow was insolvent. Facts found by a referee. B. R. Dow filed his petition in bankruptcy January 19, 1877, was adjudged bankrupt January 20, 1877, and the plaintiff was appointed assignee February 5, 1877. In January, 1876, B. R. Dow applied to the defendant, who is his son, for assistance to enable him to manufacture brick. The defendant, in behalf of his…
1Opinion of the CourtClark, J.
Although the contract for the sale of the brick, for a portion of the proceeds of which this action is brought, purports to have been made between McDonald & Phelan and B. R. Dow by the defendant as agent of his father, it is evident upon the facts found by the referee that the defendant was the real party to the contract, and that all the parties so understood it when the written contract was executed. B. R. Dow had nothing to do with the negotiations, was not present when the contract was executed, and it was then understood and agreed that all payments were to be made to the defendant. Pie…
2Cited by2 opinions
- Pollard v. PollardSupreme Court of New Hampshire · 1895
- Ingalls v. BurlingameSupreme Court of New Hampshire · 1901