Page Belting Co. v. Prince
Supreme Court of New Hampshire
Bill or Interpleader, being the same case reported 74 N. H. 262. Trial by the court. Facts found, and case transferred from the April term, 1913, of the superior court, by Wallace, C. J. After the decision overruling the demurrer of Prince & Co., they filed an answer disclaiming any beneficial interest in the 435 shares of Page Belting Company stock and the accrued dividends thereon here in litigation, and alleged that they held title to the same as trustees under an…
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Bill or Interpleader, being the same case reported 74 N. H. 262. Trial by the court. Facts found, and case transferred from the April term, 1913, of the superior court, by Wallace, C. J. After the decision overruling the demurrer of Prince & Co., they filed an answer disclaiming any beneficial interest in the 435 shares of Page Belting Company stock and the accrued dividends thereon here in litigation, and alleged that they held title to the same as trustees under an agreement between E. G. & E. Wallace and Coffin & Stanton. Thereafter William B. Hord, a receiver of the insolvent estate of…
1Opinion of the CourtPeaslee, J.
The exceptions transferred, so far as they are material in the view here taken, involve these questions: (1) Whether there was evidence to justify a finding of fraud in the contract as to the Santa Cruz bonds; (2) whether the Wallaces can rescind with out returning those bonds; (3) whether the right of rescission is barred by lapse of time; (4) whether it conclusively appears that there was collusion between the plaintiff and the Wallaces; (5) whether upon the amended pleadings the bill can be maintained.
1. Upon the issue of fraud in the sale of the Santa Cruz bonds, it is found that Coffin &…
2Cases cited1 opinion
- Waite v. Santa CruzSupreme Court of the United States · 1902
3Cited by7 opinions
- Anderson v. TwayCourt of Appeals for the Sixth Circuit · 1944
- Doherty v. BartlettCourt of Appeals for the First Circuit · 1936
- Hould v. Maryland Casualty Co.Supreme Court of New Hampshire · 1929
- Cote v. CoteSupreme Court of New Hampshire · 1947
- Copeland v. ReynoldsSupreme Court of New Hampshire · 1933
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