Paul v. Crooker
Superior Court of New Hampshire
Trover for two oxen, two cows and a cart. The cause was tried upon the general issue at February term, 1836, when it appeared that on the 12th June, 1830, one Lemuel Cutler, being the owner of the property mentioned in the declaration, and being indebted to the plaintiff in the sum of $110, sold the said property to the plaintiff for that sum, and gave him an absolute bill of sale.
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Trover for two oxen, two cows and a cart. The cause was tried upon the general issue at February term, 1836, when it appeared that on the 12th June, 1830, one Lemuel Cutler, being the owner of the property mentioned in the declaration, and being indebted to the plaintiff in the sum of $110, sold the said property to the plaintiff for that sum, and gave him an absolute bill of sale. But it was agreed between the plaintiff and Cutler that the property should remain in the possession of Cutler for such time as the plaintiff should see fit, Cutler paying, for the use of it, interest upon the said…
1Opinion of the Court
Richardsons C. J.,
delivered the opinion of the court.
If Kenaru had been a creditor of Cutler at the time when the property was conveyed to the plaintiff, no doubt could have existed that the conveyance must have been deemed fraudulent and void with respect to Kenard. For the conveyance was absolute in its terms, and yet it was attended with a secret trust that must be deemed a fraud as against all who were creditors of Cutler at the time. 3 N. H. R. 415, Coburn vs. Pickering; 4 do. 176, Parker vs. Pattee; and 309, Trask vs. Bowers; 5 do. 364, Lewis vs. Whittemore; 7 Cowen 732, Stutson vs.…
2Cases cited3 opinions
- Reade v. LivingstonNew York Court of Chancery · 1818
- Jackson ex dem. Van Buren v. MyersNew York Supreme Court · 1821
- Bennett v. President of the Bedford BankMassachusetts Supreme Judicial Court · 1814
3Cited by4 opinions
- McConihe v. SawyerSuperior Court of New Hampshire · 1841
- Page v. CarpenterSuperior Court of New Hampshire · 1839
- Kendall v. FittsSuperior Court of New Hampshire · 1850
- Gove v. LawrenceSuperior Court of New Hampshire · 1853