Marden v. Portsmouth Milling Co.
Supreme Court of New Hampshire
Bill in Equity, by the trustee in bankruptcy of the estate of George W. Seward, to enjoin the defendants from prosecuting several suits at law, and for other relief.
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Bill in Equity, by the trustee in bankruptcy of the estate of George W. Seward, to enjoin the defendants from prosecuting several suits at law, and for other relief. The bill alleges that on October 28, 1899, Seward was indebted to the Portsmouth Milling Company in the sum of $880, and to other persons in the aggregate sum of over $2,000, his assets beingv less than $200, aside from $500 due from the defendant Langdon, $400 due from the defendant Nickerson, and $150 due from the defendant Hall; that Seward’s financial condition, as it existed October 28, 1899, was not of sudden growth, but…
1Opinion of the CourtBlodgett, C. J.
The particular grievance or wrong alleged and charged in the stating part or premises of the plaintiff’s bill is that the defendant Milling Company, well knowing Seward’s bankrupt condition, for the purpose of securing to themselves an unjust and unlawful preference, caused Mm, through over-persuasion, by threats and by duress, fraudulently and illegally to sign and deliver to said Milling Company, on the day named, the drafts or orders, which are set forth with proper legal certainty, and that the company have begun- and are prosecuting actions to enforce payment thereof. The substantive…
2Cases cited3 opinions
- Smith v. Bank of New EnglandSupreme Court of New Hampshire · 1897
- Tasker v. LordSupreme Court of New Hampshire · 1886
- Gregg v. ThurberSupreme Court of New Hampshire · 1898
3Cited by1 opinion
- Lacoss v. LebanonSupreme Court of New Hampshire · 1917