Wright v. Foord
Superior Court of New Hampshire
I. r.x ton, tbe supposed trustee in this case, stated in his disclosure, in substance, that previous to tbe the 8th February, 1825, Ann Foord, the wife of the principal, John Foord, called upon the trustee and told him that she and her husband had mortgaged the farm, on which they lived and which they owned in her right, to P. Parkhurst, to secure a debt due from Foord, amounting to about $700, and afterwards conveyed the same farm to her brothers in England, to secure them…
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I. r.x ton, tbe supposed trustee in this case, stated in his disclosure, in substance, that previous to tbe the 8th February, 1825, Ann Foord, the wife of the principal, John Foord, called upon the trustee and told him that she and her husband had mortgaged the farm, on which they lived and which they owned in her right, to P. Parkhurst, to secure a debt due from Foord, amounting to about $700, and afterwards conveyed the same farm to her brothers in England, to secure them for money they had advanced to her ; that one other brothers had sent to her, information that he was willing to send…
1Opinion of the Court
By the court.
An attentive consideration of the answer of the trustee, in this case, has at length satisfied us that he is clearly entitled to be discharged.
*180This is not a case where the money of the principal is admitted to have come into the hands of the trustee. In such a case, the trustee is to be charged only when he clearly discharges himself. But here the question is, whether the money, which is in the hands of the trustee, is the money of the principal ? The trustee declares that he received the money as the agent of Mrs. Foord’s brothers, and to discharge a mortgage upon their land,…
2Cited by3 opinions
- Giddings v. ColemanSuperior Court of New Hampshire · 1841
- Robbins v. RiceSuperior Court of New Hampshire · 1847
- Spinney v. Portsmouth Hosiery Co.Superior Court of New Hampshire · 1852