Lakeport National Bank v. Loring
Supreme Court of New Hampshire
Assumpsit, for money had and received. Trial by the court and verdict for the plaintiff. The sums sought to be recovered were loaned by the plaintiff upon notes signed by “the Winnipesaukee Company.” The only parties interested were the defendants Boring, McDonald and Yeaton. McDonald made defence and the others were defaulted.
Read the full summary
Assumpsit, for money had and received. Trial by the court and verdict for the plaintiff. The sums sought to be recovered were loaned by the plaintiff upon notes signed by “the Winnipesaukee Company.” The only parties interested were the defendants Boring, McDonald and Yeaton. McDonald made defence and the others were defaulted. Motions for a nonsuit and for special findings, were denied by Allen, J., who allowed a bill of exceptions at the October term, 1918, of the superior court. The facts and evidence are stated in the opinion.
1Opinion of the CourtPeaslee, J.
The verdict for the plaintiff is sustained by the finding that the corporation, which was the nominal borrower of the money, was merely a device used by the three defendants as a cover for various fraudulent transactions, in all of which the defendants were the parties in interest. It is not seriously contended that a verdict could not be found upon such facts, but it is urged that the evidence does not warrant the findings. As it affirmatively appeared that the corporation had no business organization, that its alleged directors never met, that its capital stock was increased for no…
2Cases cited5 opinions
- Burke v. Concord RailroadSupreme Court of New Hampshire · 1881
- Redington Hub Co. v. PutnamSupreme Court of New Hampshire · 1912
- McDonald v. SmithSupreme Court of New Hampshire · 1919
- Farnum v. PatchSupreme Court of New Hampshire · 1880
- Mason v. GibsonSupreme Court of New Hampshire · 1905
3Cited by4 opinions
- Walbridge ex rel. Situated v. DoeDistrict Court, D. New Hampshire · 2018
- Humiston v. BushnellSupreme Court of New Hampshire · 1978
- Sexton Motors, Inc. v. Renault Northeast, Inc.Supreme Court of New Hampshire · 1981
- Walbridge v. Northeast Credit Union, et al.District Court, D. New Hampshire · 2018