Coburn v. Pickering
Superior Court of New Hampshire
Trespass de bonis asporlatis. The causé was tried here, upon the general issue, at October term, 1825 ; when it appeared in evidence, that on the 20th August, 1823, one Oliver Sampson, being the lawful owner of the goods mentioned in the declaration, and being indebted to one Delano, his brother in law, in a sum exceeding the value of the goods, sold the same to Delano to pay the said debt in part.
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Trespass de bonis asporlatis. The causé was tried here, upon the general issue, at October term, 1825 ; when it appeared in evidence, that on the 20th August, 1823, one Oliver Sampson, being the lawful owner of the goods mentioned in the declaration, and being indebted to one Delano, his brother in law, in a sum exceeding the value of the goods, sold the same to Delano to pay the said debt in part. Sathpson, at the time of the sale, was an inn-keeper; and after the sale, but before the goods were removed, it was agreed between Sampson and Delano, that the goods, which were household…
1Opinion of the CourtSichakkson, C. J.
In this case, the sate of the goods by Sampson to Delano, was absolute and unconditional, and was made Upon a valuable and adequate consideration ; and the only question at the trial was, whether it was made bona fide f It was admitted, that the goods were not removed, but were, by an agreement made immediately after the sale, left in the possession of Sampson, for his accommodation, and were, in fact, used by him, as before the sate. The court being of opinion, that such a sale could not, in law, be deemed bona fide, directed the jury to return a verdict for ttie defendant ; and to this…
2Cases cited4 opinions
- Beals v. GuernseyNew York Supreme Court · 1811
- Sturtevant v. BallardNew York Supreme Court · 1812
- Barrow v. PaxtonNew York Supreme Court · 1810
- Haven v. LowSuperior Court of New Hampshire · 1819
3Cited by12 opinions
- Freeman v. RawsonOhio Supreme Court · 1855
- Richardson v. KimballSupreme Judicial Court of Maine · 1848
- Trask v. BowersSuperior Court of New Hampshire · 1828
- Lang v. StockwellSupreme Court of New Hampshire · 1875
- Page v. CarpenterSuperior Court of New Hampshire · 1839
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