Isabelle v. Leblanc
Supreme Court of New Hampshire
Foreign Attachment. At the April term, 1895, the defendants recovered judgment against Clements, trustee in this action, upon which execution issued, but has not been satisfied. Shortly after such judgment and execution the present suit was begun. The defendants moved to discharge the trustee.
1Opinion of the CourtBlodgett, J.
Subject to certain exemptions enumerated in the statute, “ If . . . it appears that the trustee had in his possession at "the time of the service of the writ upon him, or at any time after, any money, goods, chattels, rights, or credits of the defendant ... he shall be adjudged chargeable therefor.” P. S., c. 245, s. 19. Within the statutory intention, credit is the correlative of debt, so that the existence of a debt on the one part constitutes a credit on the other (Cush. Trust. Pr., s. 58); and the general rule in the construction of “ credits ” therefore being that where one person is…
2Cases cited9 opinions
- McBride v. FallonCalifornia Supreme Court · 1884
- Gager v. WatsonSupreme Court of Connecticut · 1836
- Osborn v. CloudSupreme Court of Iowa · 1867
- Luton v. HoehnIllinois Supreme Court · 1874
- Phillips v. GermonSupreme Court of Iowa · 1876
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3Cited by2 opinions
- Northwestern National Insurance v. William G. Wetherall, Inc.Court of Appeals of Maryland · 1972
- Corning v. RecordsSupreme Court of New Hampshire · 1898