Proctor v. Lane
Supreme Court of New Hampshire
Foreign Attachment. Question of the trustee’s liability tried by the court. Writ dated April 6,1882, and served on the trustee the same day. The defendant, a resident of Exeter, being treasurer of the county of Rockingham, and the trustee and others being the sureties of his official bond, March 23, 1882, went to Portsmouth, and surrendered himself to the sheriff.
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Foreign Attachment. Question of the trustee’s liability tried by the court. Writ dated April 6,1882, and served on the trustee the same day. The defendant, a resident of Exeter, being treasurer of the county of Rockingham, and the trustee and others being the sureties of his official bond, March 23, 1882, went to Portsmouth, and surrendered himself to the sheriff. In the evening of the same day, Bell was informed by the county commissioners that the defendant had surrendered himself to the sheriff, was then in Portsmouth jail, and had confessed that he was a defaulter in his office of county…
1Opinion of the CourtSmith, J.
The plaintiff seeks to charge the trustee, upon the ground that the payment by him of $9,634.54, April 10, 1882, was made to defeat a criminal prosecution, that such payment is against public policy, that the money advanced to the defendant was in fact a loan to enable him to defeat a criminal prosecution, that the trustee combined with Lane’s friends to pay, not his own debt but Lane’s debt, and that their purpose was to suppress and destroy the evidence of Lane’s guilt. To these various claims there are several answers.
1. Lane had embezzled tbe sum of $20,976.51, and Bell as his surety was…
2Cases cited2 opinions
- Armstrong v. TolerSupreme Court of the United States · 1826
- Catlin v. HentonWisconsin Supreme Court · 1859
3Cited by2 opinions
- Corning v. RecordsSupreme Court of New Hampshire · 1898
- Carter v. Webster & Winnipiseogee Paper Co.Supreme Court of New Hampshire · 1888