Supreme Court of New Hampshire, 1879

Fisk v. Aldrich

Fisk v. Aldrich
Supreme Court of New Hampshire · Decided June 5, 1879 · Foster, Stanley
59 N.H. 113

Fisk v. Aldrich

Opinion of the Court

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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