Farnsworth v. Page
Superior Court of New Hampshire
Foreign Attachment. In this action, Daniel Page and Greenleaf N. Pierce were summoned as trustees of Samuel Page, Jr. Pierce disclosed, at the September term, 1848, that in June, 1842, he gave to Samuel Page, Jr., two promissory notes, each for the sum of $100, which notes were made payable to David Page, at the request of Samuel Page, Jr., in order, as he said, to save them from his creditors, as he was about to go into bankruptcy.
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Foreign Attachment. In this action, Daniel Page and Greenleaf N. Pierce were summoned as trustees of Samuel Page, Jr. Pierce disclosed, at the September term, 1848, that in June, 1842, he gave to Samuel Page, Jr., two promissory notes, each for the sum of $100, which notes were made payable to David Page, at the request of Samuel Page, Jr., in order, as he said, to save them from his creditors, as he was about to go into bankruptcy. An order was served upon David Page to show cause why Pierce should not be charged as trustee. He came in and claimed the property in the notes. It appeared from…
1Opinion of the CourtWoods, J.
It is provided by the Revised Statutes, chapter 208, section 84, that if the party summoned as trustee shall appear to have done any thing in .relation to the property of the principal, by receiving it, taking a bill ' of sale of it, or otherwise, with an intent to aid the principal in defrauding his creditors, he shall pay costs.
JBy the next section it is provided, that in all eases in which the trustee has -not been guilty of fraud or unnecessary delay, he shall be entitled to costs ; and the court may order the same to be deducted from the amount in his hands, or may render judgment and…
2Cases cited2 opinions
- Clindenin v. AllenSuperior Court of New Hampshire · 1828
- Ingraham v. OlcockSuperior Court of New Hampshire · 1843