Perkins v. Labrecque

Supreme Court of New Hampshire

Perkins v. Labrecque

47 A. 541, 70 N.H. 210

DecidedDecember 5, 1899

StatusPublished

This text of 47 A. 541 (Perkins v. Labrecque) 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

Perkins v. Labrecque, 47 A. 541, 70 N.H. 210 (N.H. 1899).

Pincite

Opinion

Pike, J.

“ The proceedings in insolvency shall dissolve all attachments of the debtor’s property made within three months before the beginning thereof, and all . . . sales and transfers . . . which were not made in the ordinary course of business . . . shall be void; and the assignee may recover . . . any property so . . . sold or transferred.” P. S., e. 201, s. 26. The only consideration for the sale to the .defendant was his promise to pay certain debts of the insolvents for which he was already liable; and since the sale was not made in the ordinary course of business, the assignee is entitled to recover. The defendant having paid nothing into the estate, the question whether in such a case a vendee of personal property would be entitled to a return of the consideration, paid in good faith, does not arise.

Judgment for the plaintiff.

Young, J., did not sit: the others’concurred.

Free access — add to your briefcase to read the full text and ask questions with AI

Pike, J.

“ The proceedings in insolvency shall dissolve all attachments of the debtor’s property made within three months before the beginning thereof, and all . . . sales and transfers . . . which were not made in the ordinary course of business . . . shall be void; and the assignee may recover . . . any property so . . . sold or transferred.” P. S., e. 201, s. 26. The only consideration for the sale to the .defendant was his promise to pay certain debts of the insolvents for which he was already liable; and since the sale was not made in the ordinary course of business, the assignee is entitled to recover. The defendant having paid nothing into the estate, the question whether in such a case a vendee of personal property would be entitled to a return of the consideration, paid in good faith, does not arise.

Judgment for the plaintiff.

Young, J., did not sit: the others’concurred.

Cite This Page — Counsel Stack

Bluebook (online)

47 A. 541, 70 N.H. 210, Counsel Stack Legal Research, https://law.counselstack.com/opinion/perkins-v-labrecque-nh-1899.