Fisk v. Aldrich

Supreme Court of New Hampshire

Fisk v. Aldrich

59 N.H. 113

DecidedJune 5, 1879

StatusPublished

This text of 59 N.H. 113 (Fisk v. Aldrich) is published on Counsel Stack Legal Research, covering Supreme Court of New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Fisk v. Aldrich, 59 N.H. 113 (N.H. 1879).

Pincite

Opinion

Foster, J.

A complainant, instituting and carrying on prosecutions for the illegal sale of spirituous liquor, is “ entitled to one half of every fine collected through such prosecution.” Gen. St., c. 99, s. 21. When the fines were paid into the county treasury, the *114 plaintiff was entitled to one half of them. His disclaimer, after attachment by trustee process, of any interest in the fines which prior thereto he was seeking to obtain and was entitled to receive, will not enable him to accomplish his design to defraud his creditor. By the provisions of Gen. St., c. 230, s. 28, the trustee is chargeable.

Case discharged..

• Stanley, J., did not sit: the others concurred.

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Foster, J.

A complainant, instituting and carrying on prosecutions for the illegal sale of spirituous liquor, is “ entitled to one half of every fine collected through such prosecution.” Gen. St., c. 99, s. 21. When the fines were paid into the county treasury, the *114 plaintiff was entitled to one half of them. His disclaimer, after attachment by trustee process, of any interest in the fines which prior thereto he was seeking to obtain and was entitled to receive, will not enable him to accomplish his design to defraud his creditor. By the provisions of Gen. St., c. 230, s. 28, the trustee is chargeable.

Case discharged..

• Stanley, J., did not sit: the others concurred.

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Bluebook (online)

59 N.H. 113, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fisk-v-aldrich-nh-1879.