Massachusetts Breweries Co. v. Colburn
Supreme Court of New Hampshire
Petition, for a writ of certiorari. The defendant Colburn was committed to jail on an execution issued in an action of assumpsit brought against him by the plaintiffs, and applied to the other defendants, who are the two justices appointed by the court, to be admitted to take the oath for the relief of poor debtors.
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Petition, for a writ of certiorari. The defendant Colburn was committed to jail on an execution issued in an action of assumpsit brought against him by the plaintiffs, and applied to the other defendants, who are the two justices appointed by the court, to be admitted to take the oath for the relief of poor debtors. The justices held that, notwithstanding the fact that Colburn concealed his property at the time the original action was begun, so that no attachment of the same could be made, he should be admitted'to take the oath, because he was not .concealing' his property when the…
1Opinion of the CourtYoung, J.
It was the duty of the justices to administer the oath unless Colburn was guilty of fraud in relation to his property, within the meaning of section 6, chapter 236, Public Statutes. The fraud aimed at by this section is the debtor’s convey anee of his property in trust for himself. Osgood v. Thorne, 63 N. H. 375. The purpose of chapter 236, Public Statutes, is to release from jail debtors who have no property, or who will assign what they have to their creditors, — not to commit them to jail for life if they have at some time acted fraudulently with respect to their property. The statute does…
2Cases cited3 opinions
- Jacobs v. StevensSupreme Court of New Hampshire · 1876
- California Wine Co. v. MurraySupreme Court of New Hampshire · 1883
- Osgood v. ThorneSupreme Court of New Hampshire · 1885