Stockwell v. Stockwell

4 Citing cases

  1. In re Savage

    22 A.2d 153 (Vt. 1941)   Cited 14 times

    Dunnett et al. v. Shields Conant, 97 Vt. 419, 430, 123 A. 626. The fact that the mortgage was given during the pendency of the litigation is not, standing alone, sufficient to indicate bad faith. Stockwell v. Stockwell, 72 N.H. 69, 54 A. 701, 702; Thornton v. Davenport, 1 Scam. 296, 2 Ill. 296, 29 Am. Dec. 358, 359. There is, of course, a distinction between a fraudulent and a preferential conveyance; the former being malum in se, the latter malum prohibitum.

  2. Record v. Trust Company

    192 A. 177 (N.H. 1937)   Cited 19 times
    Declining to award rescission where the plaintiff could not demonstrate harm and stating: "The courts do not reward one for being wronged, but act only to compensate and to prevent loss."

    While she testified that she preferred to secure the defendant with the property than to have it taken by the prospective judgment-creditor, the finding that the mortgage was an insincere transaction from which the defendant was to derive no benefit, precludes any finding that she acted in good faith. The situation is thus one where both parties have engaged in an undertaking with a wrongful purpose, from the legal incidents of which as between them equity does not bestow relief. Brewer v. Hyndman, 18 N.H. 9, 17; Blake v. Williams, 36 N.H. 39, 42. The case is in contrast with that of Stockwell v. Stockwell, 72 N.H. 69. In both cases litigation against the plaintiff was pending when the conveyances were made. But there the plaintiff did not necessarily act with an unlawful purpose "to obstruct the course of justice and defeat the collection of any judgment against her" (Ib., 70), while here the plaintiff testified that the reason for her action was to prevent satisfaction of a judgment.

  3. Belisle v. Belisle

    88 N.H. 459 (N.H. 1937)   Cited 10 times
    Alleging fraud in general terms is insufficient

    This defect, however, might be cured by amendment under leave of the court. P. J., c. 334, s. 9; Pearson v. Tower, supra; Stockwell v. Stockwell, 72 N.H. 69. But, even if such an amendment should be offered and allowed, the plaintiff's position would not be improved. Conveyances made for the purpose of defrauding creditors are not void; they are only voidable (Stockwell v. Stockwell, supra; Hall v. Hall, 70 N.H. 47, and cases cited) but they can be avoided only by creditors injured thereby (P. J., c. 361, s. 4), or, under certain circumstances, by the grantor's administrator acting in their behalf.

  4. Meredith v. Fullerton

    139 A. 359 (N.H. 1927)   Cited 21 times

    When it has been fully executed the law will not assist a party to recover the money or property with which he has parted. Smith v. Bean, 15 N.H. 577, 578; White v. Hunter, supra, 135; Upton v. Haines, 55 N.H. 283, 286; Thompson v. Williams, supra; Stockwell v. Stockwell, 72 N.H. 69, 70; Harriman v. Bunker, supra. In other words, when the rule applies, the contract cannot be made the foundation of legal proceedings (Smith v. Bean, supra), or, as it is frequently expressed, the law leaves the parties where they placed themselves.