Legal Opinion · Concurrence

Clough v. Russell

Supreme Court of New Hampshire

Decided March 13, 1875Published

This suit was brought June 28,1872, and service was made on said trustee the same day. Murray discloses that he gave said Russell, on the 27th day of June, 1872, two notes, each in the sum of one hundred dollars, payable to said Russell or order, one in thirty and the other in sixty days, and the same are still unpaid.

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This suit was brought June 28,1872, and service was made on said trustee the same day. Murray discloses that he gave said Russell, on the 27th day of June, 1872, two notes, each in the sum of one hundred dollars, payable to said Russell or order, one in thirty and the other in sixty days, and the same are still unpaid. It appears these notes were endorsed and delivered on the day of their date by said Russell to Betsy A. Russell, his wife, who now claims to be the lawful owner thereof. The endorsement of the notes is as follows: “ Manchester, N. H., June 27,1872. “Pay to Betsey A. Russell the…

1Concurrence

It appears in this case that Mrs. Russell, being possessed of money, part of which had been given to her by her father, and part of which was the proceeds of her own earnings without any of the property of her husband entering into them, had loaned the same to him, and that he transferred the notes in question to her in payment.

By Gen. Stats., ch. 164, sec. 1, she was entitled to hold this money to her sole and separate use.

If, according to the doctrine of Albin v. Lord, 39 N.H. 196, she might lease her real estate, held to her separate use, to her husband, I can see no reason why she might…

2Cases cited2 opinions

  1. Albin v. LordSupreme Court of New Hampshire · 1859
  2. Claremont Bank v. ClarkSupreme Court of New Hampshire · 1865

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