State v. Ingerson
Supreme Court of New Hampshire
Habeas Corpus, on the petition of John Adden, a resident and citizen of New Hampshire. A petition was presented to the court of insolvency in Massachusetts by the assignee of an insolvent, alleging that he suspected Adden had colluded with the insolvent to defraud the creditors of the insolvent and prevent a large part of his assets from coming to the assignee, and praying for a commission to take his deposition in this state.
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Habeas Corpus, on the petition of John Adden, a resident and citizen of New Hampshire. A petition was presented to the court of insolvency in Massachusetts by the assignee of an insolvent, alleging that he suspected Adden had colluded with the insolvent to defraud the creditors of the insolvent and prevent a large part of his assets from coming to the assignee, and praying for a commission to take his deposition in this state. The court ordered that Adden appear before a commissioner of Massachusetts, residing in New Hampshire, submit to examination, and answer such written interrogatories as…
1Opinion of the CourtStanley, J.
If Adden’s testimony, taken under this commission, could be used in any legal proceeding, for any purpose, in Massachusetts, the magistrate could require him to answer, and order his commitment if he refused. Burnham v. Stevens, 33 N. H. 247; State v. Towle, 42 N. H. 540. The commission was issued under the provisions of Mass. Pub. St., c. 157, s. 70. The object of this statute is to enable creditors to discover and pursue property which has been so withdrawn from the assets of the insolvent that it cannot be made applicable to the satisfaction of the general debts to which it ought to be…
2Cases cited1 opinion
- Burt v. AllenMassachusetts Supreme Judicial Court · 1869
3Cited by1 opinion
- Robertson v. HaleSupreme Court of New Hampshire · 1896