Stevens v. Hinckley
Supreme Judicial Court of Maine
The trustee in this case disclosed that he purchased and took a deed of the principal defendant, who is his brother, of his homestead and wood lot, and a bill of sale of personal property, for all which he paid him, part in his own notes which he then held, and another sum for which he had signed notes for him as his surety, and two other sums, being the amount of debts due from said defendant to other individuals which he promised to pay, and another sum due him from said…
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The trustee in this case disclosed that he purchased and took a deed of the principal defendant, who is his brother, of his homestead and wood lot, and a bill of sale of personal property, for all which he paid him, part in his own notes which he then held, and another sum for which he had signed notes for him as his surety, and two other sums, being the amount of debts due from said defendant to other individuals which he promised to pay, and another sum due him from said defendant on account. And that the value of the whole property conveyed to him did not, in his opinion, exceed the…
1Opinion of the CourtTenney, C. J.
The disclosure shows that the principal defendant was indebted to the supposed trustee to a considerable amount, and had procured him to become his surety on notes, which were outstanding, at the time he was about to move to the state of Iowa. The trustee wished to secure himself for his own claims, and for his liabilities, and it appears that he made the purchase of real estate and certain articles of personal property, not only in form, absolute, but so in reality, in consideration of his own claims, which were canceled, and the agreement to pay the notes, on which he was surety; and also…
2Cited by5 opinions
- Ross v. DugganSupreme Court of Colorado · 1879
- Fuller v. GriffithSupreme Court of Iowa · 1894
- McClure v. SmithSupreme Court of Colorado · 1890
- Federal Trust Co. v. Cianbro Corp.Supreme Judicial Court of Maine · 1981
- Savage v. ScrogginOregon Supreme Court · 1917