Legal Opinion

Paul v. Reed

Supreme Court of New Hampshire

Decided June 15, 1872Published

The substance of the disclosure of the trustee in Azor Paul against Dexter G. Reed, and Dana R. Moody, trustee, was as follows : I moved into Mr. Edes’s boarding-house on the 30th day of October last. Said Reed had been keeping the house for Mr. Edes as boarding-master; he furnished breakfast that morning as such, and I furnished the dinner. Soon after breakfast we examined the hog, butter, sugar, tea, and other articles. Agreed upon the price of each item.

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The substance of the disclosure of the trustee in Azor Paul against Dexter G. Reed, and Dana R. Moody, trustee, was as follows : I moved into Mr. Edes’s boarding-house on the 30th day of October last. Said Reed had been keeping the house for Mr. Edes as boarding-master; he furnished breakfast that morning as such, and I furnished the dinner. Soon after breakfast we examined the hog, butter, sugar, tea, and other articles. Agreed upon the price of each item. I put the sugar in with other sugar of mine. We changed the hog, at my request, from one pen to another, to have him where I wanted to…

1Opinion of the CourtBellows, C. J.

Unless the principal defendant had another hog and other provisions or fuel, so that the value of his provisions and fuel exceeded twenty dollars, all the articles sold to the trustee were exempt from attachment. As there is no proof that he had another hog, or more provisions, or fuel, the court cannot find that he had such; and, therefore, unless the title in these goods had vested in the trustee so that he became indebted for them, the trustee must be discharged. t

The question then is, whether the goods were delivered so as to vest the title in the trustee.

The proof tends to show that the…

2Cases cited4 opinions

  1. Russell v. MinorCourt for the Trial of Impeachments and Correction of Errors · 1838
  2. Palmer v. HandNew York Supreme Court · 1816
  3. Marston v. BaldwinMassachusetts Supreme Judicial Court · 1822
  4. New York Firemen Insurance v. De WolfCourt for the Trial of Impeachments and Correction of Errors · 1823

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