Rossiter v. Sanaghiaro
Supreme Court of New Hampshire
Assumpsit. Five actions to enforce liens for materials sold to the defendant Roberto Sanaghiaro, and used by him in the erection of a house on land standing in the name of his wife. He bought the land April 6, 1916, and on the 12th mortgaged it to one Salvatore for $1500. At the time the mortgage was executed, a partial excavation for the cellar of the proposed building had been made and the construction of the forms for concrete cellar walls had been commenced.
Read the full summary
Assumpsit. Five actions to enforce liens for materials sold to the defendant Roberto Sanaghiaro, and used by him in the erection of a house on land standing in the name of his wife. He bought the land April 6, 1916, and on the 12th mortgaged it to one Salvatore for $1500. At the time the mortgage was executed, a partial excavation for the cellar of the proposed building had been made and the construction of the forms for concrete cellar walls had been commenced. On July 7, Roberto paid Salvatore with money he borrowed from the defendant Sciarra. The Salvatore mortgage was discharged and…
1Opinion of the CourtYoung, J.
There was evidence admitted without exception which tended to prove that Roberto paid for the land and caused it to be conveyed to his wife to defraud his creditors; consequently Sciarra takes nothing by his first exception.
The materials for which the plaintiffs are seeking to recover in these suits had all been delivered before the Salvatore mortgage was discharged, and there is no evidence that any of the plaintiffs did or omitted to do anything they would not have done or omitted, if that mortgage had been assigned to Sciarra. It cannot be found, therefore, that it will harm the plaintiffs…
2Cases cited4 opinions
- International Trust Co. v. Davis & Farnum Manufacturing Co.Supreme Court of New Hampshire · 1899
- Laconia Savings Bank v. VittumSupreme Court of New Hampshire · 1902
- Hammond v. BarkerSupreme Court of New Hampshire · 1881
- Holt v. BakerSupreme Court of New Hampshire · 1878
3Cited by2 opinions
- United States v. Boston & Berlin Transportation Co.District Court, D. New Hampshire · 1964
- Stackerl v. HeiserSouth Dakota Supreme Court · 1927