Plaisted v. Holmes
Supreme Court of New Hampshire
Trover, for a horse. Plea, the general issue. In 1869, the plaintiff was in the possession of a farm, taking its rents and profits ; and in the spring of that year, and in the spring of each of the two following years, rented the same to one Gray. He furnished all the seed and the team, and had three fourths of the products. The plaintiff had one fourth of the products, the hay being spent on the farm. Both parties had stock, and Gray had a horse among his.
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Trover, for a horse. Plea, the general issue. In 1869, the plaintiff was in the possession of a farm, taking its rents and profits ; and in the spring of that year, and in the spring of each of the two following years, rented the same to one Gray. He furnished all the seed and the team, and had three fourths of the products. The plaintiff had one fourth of the products, the hay being spent on the farm. Both parties had stock, and Gray had a horse among his. All of the stock was kept on the farm, and the parties occupied the buildings in common. Gray sold his horse : and the plaintiff’s…
1Opinion of the CourtBingham, J.
The suit is between a creditor of Gray and his alleged vendee, and the question is raised upon the refusal of the court to order a verdict for the defendant, on the facts stated in the case.
A secret trust, reserved to the vendor in a sale of goods, will render it fraudulent and void as to creditors, and it is immaterial whether the trust is express or implied. The retention of the possession of goods by the vendor after a sale is a secret trust; and this being shown, fraud is an inference of law that the court is bound to pronounce. Coolidge v. Melvin, 42 N. H. 510; Shaw v. Thompson, 43 N. H.…
2Cases cited2 opinions
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- Bowen v. AmsdenSupreme Court of Vermont · 1874
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- Harrington v. BlanchardSupreme Court of New Hampshire · 1900