Boardman v. Cushing
Superior Court of New Hampshire
Foreign attachment. It appeared from the disclosures of Messrs. Haven, Sheafe, and Hale, three of the trustees, that on the 30th of October, 1835, Cushing, the principal debtor, by indenture, conveyed to John Haven, William Rice, Robert Rice, Henry Ladd, and Samuel Hale, nine sixteenths of the ship Fortitude, then at sea, to hold as collateral security for the payment of five notes, of 03000 each, payable to certain banks, represented by them, severally, on demand with…
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Foreign attachment. It appeared from the disclosures of Messrs. Haven, Sheafe, and Hale, three of the trustees, that on the 30th of October, 1835, Cushing, the principal debtor, by indenture, conveyed to John Haven, William Rice, Robert Rice, Henry Ladd, and Samuel Hale, nine sixteenths of the ship Fortitude, then at sea, to hold as collateral security for the payment of five notes, of 03000 each, payable to certain banks, represented by them, severally, on demand with interest. Cushing agreed to pay ail the expenses of the ship, and they agreed, on the payment of the notes, to re-convey. And…
1Opinion of the CourtParker, C. J.
The transfer of seven-sixteenths of the ship Fortitude, to Messrs. Haven, Sheafe, and Hale, on the 15th of January, 1836, was in effect a conveyance in mortgage, with an express power of sale, and may be treated as such. The plaintiff contends that it was void, as against creditors, because, in addition to the indenture declaring the sale, and the conditions and agreements connected with it, an absolute transfer of the seven-sixteenths was taken, and registered at the custom house in Portsmouth.
If that were so, a question might arise, on the facts stated in the disclosure, whether the…
2Cases cited3 opinions
- Greenleaf v. PerrinSuperior Court of New Hampshire · 1836
- Hutchins v. SpragueSuperior Court of New Hampshire · 1828
- Mahurin v. PearsonSuperior Court of New Hampshire · 1837
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- Leland v. SabinSuperior Court of New Hampshire · 1853
- Mitchell Bros. v. Green & Burnham & Indian Head National BankSupreme Court of New Hampshire · 1883
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