Dalton v. Currier
Supreme Court of New Hampshire
Replevin, by tbe plaintiff, Joseph A. Dalton, as assignee in insolvency of Warren P. Davis, for thirteen hundred sides of African leather, valued at $2000, &c., alleged to have been wrongfully taken and detained by the defendant, John Currier, on December 30, 1857, at a certain tannery in Warner.
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Replevin, by tbe plaintiff, Joseph A. Dalton, as assignee in insolvency of Warren P. Davis, for thirteen hundred sides of African leather, valued at $2000, &c., alleged to have been wrongfully taken and detained by the defendant, John Currier, on December 30, 1857, at a certain tannery in Warner. The writ was dated January 29, 1858. The case was tried upon the general issue, with a brief statement, avowing the taking by the defendant, as a deputy sheriff, October 10, 1857, of the property described in the writ, as the property of Warren P. Davis, of Salem, Mass., upon a wiit against him in…
1Opinion of the CourtBell, C. J.
The assignment made by Davis to Caller was fraudulent and void as against the creditors of Davis, because its avowed purpose and aim, and its only object and consideration, as stated in the agreement, or declaration of trust signed by Caller, was to defeat its liability to be attached under the laws of this State, where some of his creditors may obtain an unjust preference, and to secure all his property, to be applied for the benefit of all his creditors.
In the case of Blodgett v. Webster, 24 N. H. 92, it was held that, if conveyances are made by a debtor, with intention to secure himself…
2Cases cited2 opinions
- Holmes v. RemsenNew York Supreme Court · 1822
- Mills v. McCoyNew York Supreme Court · 1825