Leland v. Sabin
Superior Court of New Hampshire
Foreign attachment. The plaintiff brought an action against John Sabin, and summoned Seth Johnson and Willard Thorndike as trustees. The suit was brought on a note dated on the 1st of November, 1843, made by Seth Johnson, for $500, and payable to John Sabin, or order, on demand, with interest annually. The interest was indorsed in the month of November, in each year.
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Foreign attachment. The plaintiff brought an action against John Sabin, and summoned Seth Johnson and Willard Thorndike as trustees. The suit was brought on a note dated on the 1st of November, 1843, made by Seth Johnson, for $500, and payable to John Sabin, or order, on demand, with interest annually. The interest was indorsed in the month of November, in each year. John Sabin, whose affidavit was taken by agreement, deposed that he never held any note or claim against Seth Johnson, that he never did any business with him., and never to his knowledge saw him. Elias Bates stated that Silas H.…
1Opinion of the CourtGilchrist, C. J.
This process is an equitable action. Boardman v. Cushing, 12 N. H. Rep. 114. The question is, to whom does the property in the note belong ? If the note belongs to the defendant, the trustee is chargeable.
The facts which go to show that the ownership of the note is in the defendant, are the following:
The note is payable to the defendant.
When the note was given, Silas H. Sabin professed to be doing business for the defendant, and said “ it was surprising how much money John made by dentistry.”
The probability that when he lent money, he would not ^ake a note for it, payable to another person…
2Cases cited1 opinion
- Boardman v. CushingSuperior Court of New Hampshire · 1841
3Cited by1 opinion
- Corning v. RecordsSupreme Court of New Hampshire · 1898