Webster & Atlas National Bank v. George A. Fuller Sons Co.

I. In the proceedings seeking to charge the trustees in the original action it was incumbent upon the plaintiff to prove either a claim recoverable by the plaintiff from the trustee, or a transfer of the defendant’s property which was fraudulent in fact. A mere fraud in law is not sufficient. There must be “fraud in the intent.” Corning v. Records, 69 N. H. 390, 396, and cases cited. And this fraudulent intent must be participated in by the trustee (Clough v. Company, 77 N. H. 408), or by the claimant, if the issue is between him and the plaintiff. Fradd v. Charon, 69 N. H. 189. As against…