Leavitt v. Lovering
Supreme Court of New Hampshire
Assumpsit, by the plaintiff as assignee of Hicks, under Gen. Laws, <:. 140, and Laws of 1885, c. 85. October 21, 1885, Hicks being indebted to the defendant in the sum of $146.50 upon two promissory notes given prior to 1885, made a new note to the defendant for that sum payable on demand, and executed a mortgage of a yoke of oxen and a horse to secure its payment.
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Assumpsit, by the plaintiff as assignee of Hicks, under Gen. Laws, <:. 140, and Laws of 1885, c. 85. October 21, 1885, Hicks being indebted to the defendant in the sum of $146.50 upon two promissory notes given prior to 1885, made a new note to the defendant for that sum payable on demand, and executed a mortgage of a yoke of oxen and a horse to secure its payment. October 26,1885, he sold the oxen for $180, and paid the money to the defendant, who endorsed that amount upon the note. Afterwards, and before January 16, 1886, he sold the horse, and out of the avails paid the remainder of the…
1Opinion of the CourtCarpenter, J.
“ Whenever an assignment to the judge of probate is made, as provided by section 1 of this act, all attachments shall be void except such as have been made three months previous to such assignment, and all payments, pledges, mortgages, conveyances, sales, and transfers made within three months next before said assignment, and after the passage of this act and before the first of September next, and also all payments, pledges, mortgages, conveyances, sales, and transfers, whenever made, if fraudulent as to creditors, shall be void, and the assignee may recover and hold the property attached,…
2Cases cited15 opinions
- Green v. BiddleSupreme Court of the United States · 1823
- Von Hoffman v. City of QuincySupreme Court of the United States · 1867
- Bronson v. KinzieSupreme Court of the United States · 1843
- McCracken v. HaywardSupreme Court of the United States · 1844
- Planters' Bank v. SharpSupreme Court of the United States · 1848
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3Cited by8 opinions
- Pressman v. State Tax CommissionCourt of Appeals of Maryland · 1985
- Canaan v. Enfield Village Fire DistrictSupreme Court of New Hampshire · 1908
- Ilg Electric Ventilating Co. v. ConnerSupreme Court of Minnesota · 1927
- State v. JacksonSupreme Court of New Hampshire · 1898
- Murphy v. Boston & Maine RailroadSupreme Court of New Hampshire · 1915
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