Jones v. Portsmouth & Concord Railroad
Supreme Court of New Hampshire
In Equity. The material facts "which appear on the bill, answers, exhibits and proofs, are as follows : Belknap, Hale and Jones were contractors for work on the Portsmouth and Concord Railroad, and had large claims upon the corporation.
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In Equity. The material facts "which appear on the bill, answers, exhibits and proofs, are as follows : Belknap, Hale and Jones were contractors for work on the Portsmouth and Concord Railroad, and had large claims upon the corporation. Before any settlement, Belknap died, and Hale and Jones, as surviving partners, afterwards made a settlement with the corporation, and the'railroad paid and settled the balance found due to the firm, partly in cash, in part by a transfer of shares to them, and in part by an agreement relative to certain other shares in the road, which were accepted in…
1Opinion of the CourtBell, J.
The principle we think is clear, that the officer who would make a sale of personal property of a debtor on execution, must have it so far in his possession and control, that he can designate and exhibit the articles of property which he proposes to sell, where they are of a visible character ; and on similar rea*552sons, where the property does not admit of actual possession, the officer must obtain such knowledge of the' state of the property that he may be able to describe to the purchasers, precisely and definitely, the property he offers for sale.
In the case of Warring v. Loomis, 4 Barb.…
2Cases cited8 opinions
- Jackson ex dem. Bowers v. CraftsNew York Supreme Court · 1820
- Troup v. WoodNew York Court of Chancery · 1820
- Groff v. JonesNew York Supreme Court · 1831
- Tolen v. TolenIndiana Supreme Court · 1831
- Bunts v. ColeIndiana Supreme Court · 1844
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