27 N.H. 74 | Superior Court of New Hampshire | 1853
This process is an equitable action. Boardman v. Cushing, 12 N. H. Rep. 114. The question is, to whom does the property in the note belong ? If the note belongs to the defendant, the trustee is chargeable.
The facts which go to show that the ownership of the note is in the defendant, are the following:
The note is payable to the defendant.
When the note was given, Silas H. Sabin professed to be doing business for the defendant, and said “ it was surprising how much money John made by dentistry.”
The probability that when he lent money, he would not ^ake a note for it, payable to another person than the owner.
It might be shown by the testimony of the defendant, whether the note was his property. He stands indifferent between the parties. He does say, in his affidavit, that he never held any claim against Johnson. But it might have been shown whether he had any money in the hands of his father for investment.
Upon the whole evidence, we think the note did not be-,, long to the defendant.
Trustee discharged.