Legal Opinion

Clark v. Marshall

Supreme Court of New Hampshire

Decided June 5, 1883PublishedCited by 2 opinions

Writ oe Entry. The plaintiff claims title under two attachments, one made August 23, 1880, and the other September 4, 1880, in suits brought by him against W. C. Marshall, a brother of the defendant, and the levy of executions issued in those suits. July 9, 1880, W. C. Marshall, who then owned the premises, conveyed them for value to the Lexington Mills,, a corporation then recently formed, of which he was the general manager and a director.

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Writ oe Entry. The plaintiff claims title under two attachments, one made August 23, 1880, and the other September 4, 1880, in suits brought by him against W. C. Marshall, a brother of the defendant, and the levy of executions issued in those suits. July 9, 1880, W. C. Marshall, who then owned the premises, conveyed them for value to the Lexington Mills,, a corporation then recently formed, of which he was the general manager and a director. Subsequently, pursuant to a vote of the corporation, W. C. Marshall as their treasurer conveyed the land to the'defendant, who was also one of'the…

1Opinion of the CourtStanley, J.

The verdict that the corporation did not accept the conveyance of the property with knowledge of a fraudulent purpose on the part of the grantor, rendered the question of his fraudulent purpose immaterial. However much such a purpose may have influenced him in forming the corporation and conveying his property to them, his innocent grantees, who paid a- valúa ble consideration for the conveyance, acquired a good title as against bis creditors. Seavy v. Dearborn, 19 N. H. 351, 358; Robinson v. Holt, 39 N. H. 557, 561. The principal inquiry is, whether there was error in the instructions that…

2Cases cited16 opinions

  1. The Distilled SpiritsSupreme Court of the United States · 1871
  2. Hoffman Steam Coal Co. v. Cumberland Coal & Iron Co.Court of Appeals of Maryland · 1860
  3. New York & New Haven Railroad v. SchuylerNew York Court of Appeals · 1865
  4. Fulton Bank v. New-York & Sharon Canal Co.New York Court of Chancery · 1833
  5. Gordon v. PrestonSupreme Court of Pennsylvania · 1833

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3Cited by2 opinions

  1. Dearborn v. FullerSupreme Court of New Hampshire · 1919
  2. Rowe v. Ayer & Williams, Inc.Supreme Court of New Hampshire · 1933

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