Shiatte v. Singer Manufacturing Co.

The motion to dismiss is put upon two grounds. It is claimed that there is no jurisdiction to act upon the liability of the trustee to the principal defendant (Fitzhugh v. Railway, 79 N. H. 371, 375), and that our statutes make no provision for a case like this.

The trustee’s disclosure shows that it owes the defendant large sums of money for goods sold and delivered. Such a cause of action is transitory, and may be sued upon wherever the debtor is found. Paine v. Drew, 44 N. H. 306, 318.

The debtor was doing business in this state in accordance with local law, and could have been sued here by…