Thompson v. Esty
Supreme Court of New Hampshire
Trover, by tlie assignee in insolvency of the Laconia Manufacturing Company, for certain machinery. November 18, 1893, the company were engaged in the manufacture of knit goods, and rented of the defendant a part of the mill building which they occupied and a portion of the machinery which they operated. Prior to that date, the company had purchased other machinery lor use in the business and operated it in different rooms of the mill, intermingled with the leased machinery.
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Trover, by tlie assignee in insolvency of the Laconia Manufacturing Company, for certain machinery. November 18, 1893, the company were engaged in the manufacture of knit goods, and rented of the defendant a part of the mill building which they occupied and a portion of the machinery which they operated. Prior to that date, the company had purchased other machinery lor use in the business and operated it in different rooms of the mill, intermingled with the leased machinery. The conversion alleged is of the machinery so purchased and used.. Borne of this machinery was of great weight, all of…
1Opinion of the CourtCarpenter, C. J.
In Coburn v. Pickering, 3 N. H. 415, it was held that any trust in favor of the vendor in a sale of chattels is a fraud with respect to creditors; that possession of the chattels retained by the vendor is always grima facie, and, if unexplained, conclusive evidence of a secret trust; and that when the fact appears that there tvas a trust, fraud is an inference of law, w'hich the court is bound to pronounce in favor of judgment creditors. The doctrine of that case has been applied in numerous cases in this state, and it may be regarded as too firmly established in our jurisprudence to be…
2Cases cited19 opinions
- Church of the Holy Trinity v. United StatesSupreme Court of the United States · 1892
- The People v. . JaehneNew York Court of Appeals · 1886
- Etheridge v. SperrySupreme Court of the United States · 1891
- Morris v. SmithTennessee Supreme Court · 1849
- Lyon v. LymanSupreme Court of Connecticut · 1831
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3Cited by10 opinions
- Escalle v. MarkNevada Supreme Court · 1919
- Rhobidas v. ConcordSupreme Court of New Hampshire · 1899
- Dupont v. MooreSupreme Court of New Hampshire · 1933
- In re StreeterDistrict Court, D. New Hampshire · 1927
- Clough v. Glines & Stevens Co.Supreme Court of New Hampshire · 1914
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