Kelly v. Simoutis

Supreme Court of New Hampshire

Kelly v. Simoutis

20 A.2d 628, 91 N.H. 407, 1941 N.H. LEXIS 40

CourtSupreme Court of New Hampshire

DecidedJune 3, 1941

DocketNo. 3251.

StatusPublished

Cited by1 cases

This text of 20 A.2d 628 (Kelly v. Simoutis) 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

Kelly v. Simoutis, 20 A.2d 628, 91 N.H. 407, 1941 N.H. LEXIS 40 (N.H. 1941).

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Opinion

Per Curiam.

“He who purchases or takes a mortgage of property, with knowledge of the fraudulent design of the vendor or mortgagor thereby to defeat, hinder or delay his creditors, is, in law, charged with a participation in the fraud, although he may pay a full consideration and take immediate and open possession.” Robinson v. Holt, 39 N. H. 557, 561, 562; P. L., c. 361, ss. 7,11. This rule of law, plus the specific finding of the court that the conduct of Joseph and Katrina was fraudulent, required the overruling of the defendants’ exceptions.

The assertion of the defendants that there was no evidence to support the finding that the defendants accepted the conveyance “to protect Stanley against attachment and levy if the plaintiff brought suit,” if now open to the defendants, is without merit. The circumstances were strongly suggestive of fraud and “direct proof of the fraud” was unnecessary. McConihe v. Sawyer, 12 N. H. 396, 402.

Exceptions overruled.

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Per Curiam.

“He who purchases or takes a mortgage of property, with knowledge of the fraudulent design of the vendor or mortgagor thereby to defeat, hinder or delay his creditors, is, in law, charged with a participation in the fraud, although he may pay a full consideration and take immediate and open possession.” Robinson v. Holt, 39 N. H. 557, 561, 562; P. L., c. 361, ss. 7,11. This rule of law, plus the specific finding of the court that the conduct of Joseph and Katrina was fraudulent, required the overruling of the defendants’ exceptions.

The assertion of the defendants that there was no evidence to support the finding that the defendants accepted the conveyance “to protect Stanley against attachment and levy if the plaintiff brought suit,” if now open to the defendants, is without merit. The circumstances were strongly suggestive of fraud and “direct proof of the fraud” was unnecessary. McConihe v. Sawyer, 12 N. H. 396, 402.

Exceptions overruled.

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Bluebook (online)

20 A.2d 628, 91 N.H. 407, 1941 N.H. LEXIS 40, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kelly-v-simoutis-nh-1941.

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