Flanders v. Colby
Superior Court of New Hampshire
Case. In the declaration was a count in trover, and a count in which the plaintiff alleged that one Chase was indebted to him upon a promissory note, and he was also surety for Chase upon another note to a third person; that Chase made to him a mortgage of boots, shoes, &e., to secure the payment of the note to him, and to secure the plaintiff against loss from his liability as surety, which mortgage was duly executed and recorded ; that Chase was insolvent, and had no…
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Case. In the declaration was a count in trover, and a count in which the plaintiff alleged that one Chase was indebted to him upon a promissory note, and he was also surety for Chase upon another note to a third person; that Chase made to him a mortgage of boots, shoes, &e., to secure the payment of the note to him, and to secure the plaintiff against loss from his liability as surety, which mortgage was duly executed and recorded ; that Chase was insolvent, and had no property but the mortgaged property; that Colby, knowing all these facts, fraudulently and cob lusively, and to deprive the…
1Opinion of the CourtGilchrist, C. J.
The plaintiff had a mortgage upon Chase’s personal property. The defendant aided Chase to secrete the property from the creditors of Chase, and the plaintiff thereby lost the benefit of his mortgage. He alleges, in his count, that the defendant knew of the mort*38gage, and did this to deprive him of the benefit of it. Whether he knew of it or not does not appear, but the court ruled that the jury must be satisfied that what the defendant did was done with a knowledge of the plaintiff’s mortgage, and with a view to defraud him.
The first count is in trover. There is nothing to impugn the validity…
2Cases cited5 opinions
- Blackley v. SheldonNew York Supreme Court · 1810
- Sargent v. GileSuperior Court of New Hampshire · 1836
- Hyde v. NobleSuperior Court of New Hampshire · 1843
- Sanford Manufacturing Co. v. WigginSuperior Court of New Hampshire · 1843
- Sinclair v. TarboxSuperior Court of New Hampshire · 1819