Winn v. Morse
Supreme Court of New Hampshire
Trover, for two horses, three cows, one bull, one hundred and fifty bushels potatoes, six tons of hay, two calves, and one pair harnesses. Writ dated January 20, 1877. Facts found by a referee. The conversion of the property by the defendant was on or about November 10, 1875. The plaintiff was adjudged a bankrupt February 11, 1876, upon a creditors’ petition, and ap. assignee appointed.
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Trover, for two horses, three cows, one bull, one hundred and fifty bushels potatoes, six tons of hay, two calves, and one pair harnesses. Writ dated January 20, 1877. Facts found by a referee. The conversion of the property by the defendant was on or about November 10, 1875. The plaintiff was adjudged a bankrupt February 11, 1876, upon a creditors’ petition, and ap. assignee appointed. At the hearing the plaintiff claimed to recover only the value of the property exempted from attachment by the laws of this state. The referee found that one of the cows, the hog, seventy-five bushels of…
1Opinion of the CourtClark, J.
By the bankrupt act, property exempted from levy- and sale upon execution or other process, by the laws of the state in which the bankrupt has his domicile, is exempted to the bankrupt. It is excepted from the operation of the act, and the exemption of such property to the bankrupt is absolute. It does not pass to the assignee, and the title of the bankrupt is in no way affected or impaired by the neglect or failure of the assignee to designate or set apart the exempted property. The assignee has no control over it, and it is immaterial whether it has been set apart by him or not. It remains…
2Cases cited2 opinions
- Robinson v. WilsonSupreme Court of Kansas · 1875
- Wilkinson v. WaitSupreme Court of Vermont · 1872