White v. Dakin
Supreme Court of New Hampshire
Probate Appeal, from a decree dismissing the plaintiffs’ petition to vacate a decree granting Dakin a discharge in insolvency. Dakin died after the appeal was taken, and his administrator defends.
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Probate Appeal, from a decree dismissing the plaintiffs’ petition to vacate a decree granting Dakin a discharge in insolvency. Dakin died after the appeal was taken, and his administrator defends. The plaintiffs’ evidence tended to show that the bond to secure the performance of a composition agreement was executed by the debtor and one of his creditors, and that thereafter, and before the discharge was granted, he made a mortgage to this and three other creditors to secure the payment of a sum in excess of the amount needed to pay the percentage agreed upon. The plaintiffs also offered to…
1Opinion of the CourtPeaslee, J.
There was no evidence to justify a finding of fraud. Such a conclusión would have been mere conjecture. Deschenes v. Railroad, 69 N. H. 285, 288, et seq.
The testimony of the creditor was properly excluded. Although not a party of record, he was directly interested in the result of the appeal. Foster v. Ela, 69 N. H. 460.
FJxceptions overruled.
Young, J., did not sit: the others concurred.
2Cases cited2 opinions
- Deschenes v. Concord & Montreal RailroadSupreme Court of New Hampshire · 1897
- Foster v. ElaSupreme Court of New Hampshire · 1898
3Cited by2 opinions
- Theobald v. ShepardSupreme Court of New Hampshire · 1908
- Wright v. DavisSupreme Court of New Hampshire · 1904