Hapgood v. Fisher
Supreme Judicial Court of Maine
ON Exceptions from Nisi Prius, Tenney, J. presiding. Assumpsit upon an. accountable receipt, given to a deputy sheriff, for cattle attached on writ. The defence was that the cattle were not the property of the defendant in that suit; that, though formerly his, he had, several years before the attachment, sold them to his son. The plaintiff contended that the sale was fraudulent and void, as to the creditors of the father.
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ON Exceptions from Nisi Prius, Tenney, J. presiding. Assumpsit upon an. accountable receipt, given to a deputy sheriff, for cattle attached on writ. The defence was that the cattle were not the property of the defendant in that suit; that, though formerly his, he had, several years before the attachment, sold them to his son. The plaintiff contended that the sale was fraudulent and void, as to the creditors of the father. The father was indebted at the time of the sale, and it appeared from the testimony that a part of the consideration of the sale was an arrangement, by which the son was to…
1Opinion of the CourtWells, J.
The question of fact tried by the jury was, whether the property attached belonged to David Fisher the debtor, or his son David Fisher, jr. It was sold by the father to the son in 1832, and was attached as the property of the father in 1840, to secure a debt, which originated in 1831. A part of the consideration of the sale was to be paid in supporting the father for a limited period, and a part in the payment of his debts.
The Judge was requested to instruct the jury, “that if they should be satisfied, that it was a part of the arrangement between D. Fisher and D. Fisher, jr., that the…
2Cases cited2 opinions
- Hinde's Lessee v. LongworthSupreme Court of the United States · 1826
- Reade v. LivingstonNew York Court of Chancery · 1818
3Cited by5 opinions
- Harting v. JockersIllinois Supreme Court · 1891
- Ryan v. SimmsSupreme Court of Minnesota · 1920
- Brown v. CaseOregon Supreme Court · 1902
- Austin v. A. & W. Sprague Manufacturing Co.Supreme Court of Rhode Island · 1884
- Burnell v. OlmstedSupreme Court of Colorado · 1909