Clough v. Russell
Supreme Court of New Hampshire
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…
1Opinion of the Court
Trustee process — Husband and wife. I am of opinion that this trustee must be discharged. It appears that Mrs. Russell, having money of her own, which by the statute she was entitled to hold against the creditors of her husband, and all the world, loaned some three hundred dollars of it to her husband. It was not a gift, but, as the case distinctly shows, a loan, and that most undeniably implies a valid promise by the husband to repay it. Indeed, the plaintiff's counsel in their brief admit that the notes in question were conveyed to her in payment of a debt honestly due her, precisely as…
2Cases cited3 opinions
- Albin v. LordSupreme Court of New Hampshire · 1859
- Houston v. ClarkSupreme Court of New Hampshire · 1871
- Claremont Bank v. ClarkSupreme Court of New Hampshire · 1865
3Cited by8 opinions
- Clark v. ClarkSupreme Court of New Hampshire · 1875
- Cox v. CoxSupreme Court of New Hampshire · 1904
- Muzzey v. ReardonSupreme Court of New Hampshire · 1876
- People's Trust Co. v. MerrillSupreme Court of New Hampshire · 1918
- Clark v. ClarkSupreme Court of New Hampshire · 1875
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