Holden v. Brown
Superior Court of New Hampshire
Foreign Attachment. The trustee charges himself with avails of property sold, and other things, and with interest to January 1, 1848, to the amount, in all, of $399 35. The defendant was, at the time of the service of the writ upon the trustee, indebted to the trustee in a sum amounting, with interest to January 1, 1848, to $153 71. Before the service of the writ, he had paid to sundry creditors of the principal defendant, at his request, $124 61, including interest to…
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Foreign Attachment. The trustee charges himself with avails of property sold, and other things, and with interest to January 1, 1848, to the amount, in all, of $399 35. The defendant was, at the time of the service of the writ upon the trustee, indebted to the trustee in a sum amounting, with interest to January 1, 1848, to $153 71. Before the service of the writ, he had paid to sundry creditors of the principal defendant, at his request, $124 61, including interest to January 1,1848. Prior to the commencement of the trustee suit, Merrill & Rowell had left claims with the trustee for…
1Opinion of the Court
Woods J.
The only question in the case concerns the balance in the trustee’s hands, after deducting the sums of $153 71, due to himself, and $124 61, paid over to other creditors, at the request of the defendant, Brown, together with the legal charges upon the fund. And as to this, it is clear that he is chargeable in the present action, in the absence of substantial and legal proof in his exoneration.
It is nothing to the purpose that the debtor has authorized or directed any disposition of the money, unless he did it before the rights of the plaintiffs attached. Whether such was the fact,…
2Cases cited2 opinions
- Giddings v. ColemanSuperior Court of New Hampshire · 1841
- French v. LovejoySuperior Court of New Hampshire · 1841