N. H. I. F. Co. v. Platt
Superior Court of New Hampshire
In this case the trustee appeared, and in answer to the interrogatories put to him by the plaintiffs, stated, that in the latter part of April, 1829, he gave to L, Platt, the principal, his obligation to deliver Platt a note to be signed by E. C. Parks, for £125, payable to him the said Gibb, on the 1st January, 1330, with interest; and that he was, by the said obligation, bound to deliver said note to said Platt, within six days from the date of the said obligation ; that…
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In this case the trustee appeared, and in answer to the interrogatories put to him by the plaintiffs, stated, that in the latter part of April, 1829, he gave to L, Platt, the principal, his obligation to deliver Platt a note to be signed by E. C. Parks, for £125, payable to him the said Gibb, on the 1st January, 1330, with interest; and that he was, by the said obligation, bound to deliver said note to said Platt, within six days from the date of the said obligation ; that on the 1st May, 1829, the writ in this case was served upon him, at one of the clock in the afternoon, and that at six of…
1Opinion of the Court
By the court.
When the writ in this case was served, the trustee was bound to deliver to the principal, the promissory note of a third person, and this he would have done according to his obligation, if the writ in this case had not been served upon him.
We are of opinion, that the trustee had a right to retain the note until the question was settled, whether he could be charged as trustee in this case.
The question then is, whether Gibb can be charged as the trustee of Platt, the contract between them never having been broken ?
The note which Gibb was hound to deliver, must be considered as a…
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