Corning v. Records
Supreme Court of New Hampshire
Foreign Attachment. Issue between plaintiffs and claimant. There are three suits. Process was served on the trustee J uly 29, August 13, and August 30, 1896, in the respective suits. Facts found by a referee. The plaintiffs claimed to charge the trustee for “ all the personal property of every kind and description in use during the summer season of 1896, in and about the- Maplewood, Hotel and premises thereof in Bethlehem.”
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Foreign Attachment. Issue between plaintiffs and claimant. There are three suits. Process was served on the trustee J uly 29, August 13, and August 30, 1896, in the respective suits. Facts found by a referee. The plaintiffs claimed to charge the trustee for “ all the personal property of every kind and description in use during the summer season of 1896, in and about the- Maplewood, Hotel and premises thereof in Bethlehem.” Prior to June 12, 1896, this-property was owned by Albert Geiger,- and by him leased to-v the trustee Cruft for one year, the lease terminating October 1, 1896. Under the…
1Opinion of the CourtParsons, J.
The only issue is between the plaintiffs and the claimant. The question is whether the plaintiffs can take the property without first satisfying Clark’s claim for money loaned Records in reliance upon the property as security. The transfer to Clark was in good faith, -with no intent to defraud creditors, and as between the parties is conceded to be valid.
The first ground upon which the plaintiffs claim Clark’s title is invalid as to them is that the conveyance from Records to him was a chattel mortgage (Jones Ch. Mort., s. 19; Potter v. Locomotive Works, 12 Gray 154; Carpenter v. Snelling, 97…
2Cases cited15 opinions
- Conard v. Atlantic Ins. Co. of NYSupreme Court of the United States · 1828
- Morris v. SmithTennessee Supreme Court · 1849
- Carpenter v. SnellingMassachusetts Supreme Judicial Court · 1867
- Hallgarten v. OldhamMassachusetts Supreme Judicial Court · 1883
- Kingman v. PerkinsMassachusetts Supreme Judicial Court · 1870
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3Cited by1 opinion
- Gallahar v. George A. Rheman Co.District Court, S.D. Georgia · 1943