Osgood v. Thorne
Supreme Court of New Hampshire
Debt on a bond to take the poor debtor’s oath. Plea, the general issue, with a brief statement that the principal, Thorne, took the oath witbin the year. Facts found by the court.
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Debt on a bond to take the poor debtor’s oath. Plea, the general issue, with a brief statement that the principal, Thorne, took the oath witbin the year. Facts found by the court. July 1, 1882, the plaintiff recovered a judgment against Thorne for about $800. Directly upon learning of the judgment, and between July 5 and July 11, Thorne mortgaged and conveyed to certain of bis creditors all his attachable property, as security for and in payment of his indebtedness to them, with tbe intent to prefer those creditors. July 23, Thorne was arrested on an execution issued upon the above judgment,…
1Opinion of the CourtBlodgett, J.
As matter of law, the mortgages and conveyances were not fraudulent. They were made to secure or pay just debts, and, as a consequence of ownership and dominion, a debtor may legally either give or allow a preference in respect of his property to one creditor rather than another, provided that it be done in good faith. Nor, in the absence of statute provisions to the contrary, is this right affected by the debtor’s insolvency, or the preferred creditor’s knowledge of such insolvency. If there is no secret trust or understanding between them for the debtor’s benefit, and the motive of the…
2Cases cited1 opinion
- Cook v. BerthMassachusetts Supreme Judicial Court · 1869
3Cited by1 opinion
- Massachusetts Breweries Co. v. ColburnSupreme Court of New Hampshire · 1904