Robbins v. Rice
Superior Court of New Hampshire
Foreign 'Attachment. To the first interrogatory propounded to the trustee, he answered that on the'19th day of January, 1847, he contracted with Jonathan Rice, one of the aforesaid defendants, to cut, draw out, saw and pile up a quantity of timber standing, which was upon a certain lot, into railroad sills or sleepers, for which, when completed as above, he was to pay him five dollars and fifty cents per hundred sills, or sleepers.
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Foreign 'Attachment. To the first interrogatory propounded to the trustee, he answered that on the'19th day of January, 1847, he contracted with Jonathan Rice, one of the aforesaid defendants, to cut, draw out, saw and pile up a quantity of timber standing, which was upon a certain lot, into railroad sills or sleepers, for which, when completed as above, he was to pay him five dollars and fifty cents per hundred sills, or sleepers. Some time after he made the contract with him, he was on said lot, and did not find any one there, but he found that some of the timber had been cut and drawn out…
1Opinion of the Court
Woods, J,
It is apparent, from the disclosure, that the trustee has effects in his hands belonging to the defendant, being indebted to him in a sum which he names, for services performed under a contract.
The statute, however, protects from this process money that may be due on account of any labor performed by the debtor, or any of his family, after the service of the process, or within fifteen days before ; and it is said that the service performed by the debtor in the present case was of that nature, and that the trustee cannot, for that reason, be holden. Rev. Stat., chap. 208, see. 9.
If…
2Cases cited2 opinions
- Giddings v. ColemanSuperior Court of New Hampshire · 1841
- Wright v. FoordSuperior Court of New Hampshire · 1830