Foster v. Dudley
Superior Court of New Hampshire
The trustee disclosed as follows : “ At the October term, 1853, of the court of common pleas for Hillsborough county, holden at Manchester, the said Christopher Dudley, in an action then and there pending in his favor against me, recovered a verdict of a jury in his favor against me of $164,45. Said case was continued to the present term of said court, and is still pending, no judgment having been rendered on said verdict.
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The trustee disclosed as follows : “ At the October term, 1853, of the court of common pleas for Hillsborough county, holden at Manchester, the said Christopher Dudley, in an action then and there pending in his favor against me, recovered a verdict of a jury in his favor against me of $164,45. Said case was continued to the present term of said court, and is still pending, no judgment having been rendered on said verdict. I intend to review said action, and as said Dudley is insolvent, I intend to avail myself, under the advice of my counsel, of the benefit of the 47th Rule of Practice in…
1Opinion of the CourtBell, J.
The disclosure, in this case, is too imperfect to enable us to judge whether a trustee process might not be maintained upon other facts which might be supposed. If we assume, as we may, and perhaps ought, that the creditor has drawn from the trustee all that makes in his favo/, the trustee should be discharged. It is clear that such process cannot be maintained in every case where a party defendant has an action pending against his trustee, which is shown or admitted to be well founded. There is nothing .here to show the nature of the action. in which this verdict *465is rendered. If it was for…
2Cases cited9 opinions
- Howell v. FreemanMassachusetts Supreme Judicial Court · 1807
- Despatch Line of Packets v. Bellamy Man. Co.Superior Court of New Hampshire · 1841
- Kidd v. ShepherdMassachusetts Supreme Judicial Court · 1808
- Foster v. JonesMassachusetts Supreme Judicial Court · 1818
- Greenleaf v. PerrinSuperior Court of New Hampshire · 1836
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3Cited by1 opinion
- Smith v. CarrollSupreme Court of Rhode Island · 1891