Dole v. Farwell
Supreme Court of New Hampshire
Foreign Attachment. Issue between the plaintiff and the claimants. Trial before Peaslee, J., at the November term, 1902, of the superior court. The claimants hold an assignment of the defendant’s wages, which the plaintiff seeks to avoid as fraudulent. The claimants are grocers, and being creditors of the defendant took an assignment of wages to become due him from the trustee for a term of months. The assignment Avas duly executed and recorded.
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Foreign Attachment. Issue between the plaintiff and the claimants. Trial before Peaslee, J., at the November term, 1902, of the superior court. The claimants hold an assignment of the defendant’s wages, which the plaintiff seeks to avoid as fraudulent. The claimants are grocers, and being creditors of the defendant took an assignment of wages to become due him from the trustee for a term of months. The assignment Avas duly executed and recorded. The object of the claimants was to secure an old debt and obtain pay for what they might thereafter sell the defendant. His object Avas to obtain…
1Opinion of the CourtBing-ham, J.
It appears that the claimants took the assignment for a valid consideration, and that there was no fraud in fact. Under such circumstances, their knowledge that the defendant desired to prevent attachments of his future earnings by other creditors did not invalidate the assignment. Fradd v. Charon, 69 N. H. 189.
So far as the assignment was for the support of the defendant and his family, it could not be declared fraudulent in law. ProvenCher v. Brooks, 64 N. H. 479, 481.
When the trustee process is invoked, the plaintiff stands in the shoes of the principal defendant as respects charging the…
2Cases cited3 opinions
- Corning v. RecordsSupreme Court of New Hampshire · 1898
- Fradd v. CharonSupreme Court of New Hampshire · 1897
- Provencher v. BrooksSupreme Court of New Hampshire · 1887
3Cited by3 opinions
- In re ParentDistrict Court, D. New Hampshire · 1940
- Clough v. Glines & Stevens Co.Supreme Court of New Hampshire · 1914
- Webster & Atlas National Bank v. George A. Fuller Sons Co.Supreme Court of New Hampshire · 1931