Clapp v. Rogers
Supreme Court of New Hampshire
Foreign Attachment. The following facts appear by the disclosure: On the 14th day of December, 1857, George W. Rogers, the principal defendant, was the owner of a stock of goods in Dover, consisting of hoots, shoes, some dry goods, fancy articles, &e., which he was selling at retail.
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Foreign Attachment. The following facts appear by the disclosure: On the 14th day of December, 1857, George W. Rogers, the principal defendant, was the owner of a stock of goods in Dover, consisting of hoots, shoes, some dry goods, fancy articles, &e., which he was selling at retail. On that day he sold the entire stock to Alpheus Rogers, the trustee, a cousin of his, having previously made an inventory of the same, for $1,617.25, being twenty-five per cent, less than the original cost; the basis of the bargain having been that the trustee should pay for the goods at that rate. For this…
1Opinion of the CourtEastman, J.
Although there was no intent on the part of the principal and trustee to defraud the creditors of the former, by the sale of the goods as set forth in the disclosure, yet it is quite apparent that the goods could be taken by the creditors of the vendor as his property, and that a jury, under the instructions of the court, would pronounce the sale to be fraudulent as to creditors. Kendall v. Fitts, 22 N. H. (2 Fost.) 1; Coburn v. Pickering, 3 N. H. 415; Trask v. Bowers, 4 N. H. 309; Clark v. Morse, 10 N. H. 236.
But for the purposes of this decision it is immaterial, in the view which we have…
2Cases cited1 opinion
- Goddard v. HapgoodSupreme Court of Vermont · 1853