Hibbard v. Clark
Supreme Court of New Hampshire
From Grafton Circuit Court. Foreign Attachment. The deposition of Lucius M. Howe was as follows: “ I, Lucius M. Howe, depose and say, that I am chairman of the board of selectmen of said town [Plymouth] ; that, at the time of the service of said writ on the town, Joseph Clark had an account against the town for personal services and costs paid out — mostly for his services — of $414.99; that at the same time he owed the town, for cash in his hands belonging to the town,…
Read the full summary
From Grafton Circuit Court. Foreign Attachment. The deposition of Lucius M. Howe was as follows: “ I, Lucius M. Howe, depose and say, that I am chairman of the board of selectmen of said town [Plymouth] ; that, at the time of the service of said writ on the town, Joseph Clark had an account against the town for personal services and costs paid out — mostly for his services — of $414.99; that at the same time he owed the town, for cash in his hands belonging to the town, $312.42, and there were outstanding taxes legally assessed against him by the selectmen of said Plymoutli, due and unpaid,…
1Opinion of the Court
FROM GRAFTON CIRCUIT COURT. By Gen. Stats, ch. 208, sec. 7, it is provided that where "there are mutual debts or demands between the plaintiff and the defendant, at the time of the commencement of the plaintiff's action, one debt or demand may be set off against the other."
The trustee process being an equitable proceeding, the courts of this state have uniformly held that a trustee is entitled to retain, or to set off against the debt which he may owe the principal defendant, any demand which he might set off, or of which he might avail himself by any of the modes allowed, either by the…
2Cases cited2 opinions
- Swamscot Machine Co. v. PartridgeSuperior Court of New Hampshire · 1852
- Brown v. WarrenSupreme Court of New Hampshire · 1862
3Cited by1 opinion
- Canaan v. Enfield Village Fire DistrictSupreme Court of New Hampshire · 1908