Clark v. Wilson
Superior Court of New Hampshire
Foreign Attachment. The following facts appeared from the disclosure. The trustees are John S. Jenness, John Gage, and John E. Lyon, partners transacting business under the name of Jenness, Gage & Co. In the writ they are all described as of Boston. They had money in their hands, being the proceeds of sundry - notes deposited with them by the defendant as collateral security for a debt which he owed them; and after paying that debt there was a balance due the defendant.
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Foreign Attachment. The following facts appeared from the disclosure. The trustees are John S. Jenness, John Gage, and John E. Lyon, partners transacting business under the name of Jenness, Gage & Co. In the writ they are all described as of Boston. They had money in their hands, being the proceeds of sundry - notes deposited with them by the defendant as collateral security for a debt which he owed them; and after paying that debt there was a balance due the defendant. There was no other service of the writ upon the trustees than as follows: “ We hereby acknowledge due and legal service of…
1Opinion of the CourtGilchrist, J.
The process in this case, although in its form single, is to be considered as a process against the trustees jointly, because they are declared against as jointly holding the property of the principal debtor. Ingraham vs. Olcock, [14 N. H. Rep. 243.]
By the Rev. St. ch. 208, § 3, it is provided that trustee writs shall be served upon the trustee and the principal defendant in the same manner as writs of summons. By ch. 183, § 2, writs of summons are to be served by reading them to the defendant, or by leaving a copy at his place of abode. Where the trustee lives out of the State, the statute…
2Cases cited3 opinions
- Wilson v. WilliamsNew York Supreme Court · 1835
- Atkins v. PrescottSuperior Court of New Hampshire · 1839
- Ingraham v. OlcockSuperior Court of New Hampshire · 1843