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The arrangement was a secret trust, and fraudulent by inference of law. Coburn v. Pickering,
3 N.H. 415 ; Shaw v. Thompson,43 N.H. 130 ; Coolidge v. Melvin,42 N.H. 510 ; Lang v. Stockwell,55 N.H. 561 ; Cutting v. Jackson,56 N.H. 253 ; Plaisted v. Holmes,58 N.H. 293 ; Flagg v. Pierce,58 N.H. 348 . There is no satisfactory explanation of the vendor's possession, as there was in Towne v. Rice,59 N.H. 412 , and French v. Hall,9 N.H. 137 . The wagon was used by the vendor for more than a year, and from ordinary observation a neighbor or creditor would have supposed it to be the vendor's property.Judgment for the plaintiff.
ALLEN, J., did not sit: the others concurred.
Document Info
Citation Numbers: 60 N.H. 30
Judges: Bln, Allen
Filed Date: 6/5/1880
Precedential Status: Precedential
Modified Date: 10/19/2024