Meredith Manufacturing Co. v. Smith
Superior Court of New Hampshire
It appeared by the disclosure of J. Simpson, the trustee in this case, that Joseph Ela, a deputy sheriff, having several writs in his hands in favor of several persons against Smith, the principal, went to Smith’s store, for the purpose of attaching property ; that Smith delivered to Ela his account books, and authorized Ela to collect the amount due upon the books and apply the amount collected to the payment of the debts of the creditors whose writs he had in his hands.
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It appeared by the disclosure of J. Simpson, the trustee in this case, that Joseph Ela, a deputy sheriff, having several writs in his hands in favor of several persons against Smith, the principal, went to Smith’s store, for the purpose of attaching property ; that Smith delivered to Ela his account books, and authorized Ela to collect the amount due upon the books and apply the amount collected to the payment of the debts of the creditors whose writs he had in his hands. Ela put the books into the hands of Simpson, the trustee, and authorized him to collect and receive the amount due, as…
1Opinion of the CourtRichardson, C. J.
It is to be presumed that Ela had authority to receive the books of accounts on behalf of the creditors ; and the agreement between Smith and Ela. that the amount due upon the books should be collected and applied to the payment of the debts of the creditors whose writs Ela then had, is, by the principles of the common law, a valid contract, and gives to those creditors an equitable interest in the debts due on the books, which a court may protect.
But it is contended, that the statute of July 5, 1834, which provides, that no assignment made for the benefit of creditors shall be valid unless…
2Cited by3 opinions
- J. &. J. H. Peck & Co. v. MerrillSupreme Court of Vermont · 1854
- Barker v. HallSuperior Court of New Hampshire · 1842
- Danforth v. DennySuperior Court of New Hampshire · 1852