Greenleaf v. Perrin
Superior Court of New Hampshire
Foreign Attachment. From the disclosure of the supposed trustee it appeared, that some time previous to the service of the writ on him, Perrin, the principal debtor, gave notice that he would sell certain real estate at auction — that at the time of sale the trustee attended, and at Perrin’s request, and upon his assurance that he should not be held to any bid he might make, he “ acted as a by-bidder,” and the premises were struck off to him — but the trustee stated that he…
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Foreign Attachment. From the disclosure of the supposed trustee it appeared, that some time previous to the service of the writ on him, Perrin, the principal debtor, gave notice that he would sell certain real estate at auction — that at the time of sale the trustee attended, and at Perrin’s request, and upon his assurance that he should not be held to any bid he might make, he “ acted as a by-bidder,” and the premises were struck off to him — but the trustee stated that he néver considered himself holden for his bid — that ha never took any deed or conveyance in pursuance of it, and Perrin…
1Opinion of the CourtParker, J.
There is no doubt that the trustee has acted improperly, and it is probable that through his means the creditors of Perrin, the principal debtor, may have been defrauded. But he cannot be charged as trustee upon this ground. If at the time of the service of the process he was not, and has not since been, indebted to the principal, and has not had property of his in possession, he must be discharged from this suit.
He cannot be charged by reason of the transactions respecting the sale of the real estate at auction, because, according to his disclosure, although he was the highest bidder, he was…
2Cases cited1 opinion
- Ash v. SavageSuperior Court of New Hampshire · 1831
3Cited by8 opinions
- Corning v. RecordsSupreme Court of New Hampshire · 1898
- Despatch Line of Packets v. Bellamy Man. Co.Superior Court of New Hampshire · 1841
- Boardman v. CushingSuperior Court of New Hampshire · 1841
- Demerit v. LyfordSuperior Court of New Hampshire · 1853
- Aldrich v. WoodcockSuperior Court of New Hampshire · 1839
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