Barker v. Garland
Superior Court of New Hampshire
Appeal, from the judgment of a justice of the peace, before whom the principal defendant was defaulted. Charles French and Charles Yorke, were summoned as trustees.
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Appeal, from the judgment of a justice of the peace, before whom the principal defendant was defaulted. Charles French and Charles Yorke, were summoned as trustees. Yorke disclosed that, before the service of the writ on him, he signed a promissory note as surety with two others, payable to the principal defendant or order, at a day subsequent to the service ; that the note had not been paid to his knowledge; that he had received notice from James Hilton, that the note was in his possession. French disclosed that he had signed two notes as surety, with two others, payable to the principal…
1Opinion of the CourtPeeley, J.
Had Hilton, the holder and claimant of the notes disclosed by the trustees, the right to appeal from the decision of the justice, disallowing his claim ?
By the Rev. Stat. chap. 208, §§ 18 and 19, if any person, summoned as trustee, appear to be indebted, at the time of the ser*106vice of the writ on him, to the debtor by a negotiable promissory note, the court may make a rule or order of notice, to be served on any individual, or published in some newspaper, for the information of any person who may claim an interest in the note, that such person may appear and show that the note was transferred…
2Cases cited4 opinions
- Campbell v. HowardMassachusetts Supreme Judicial Court · 1809
- Fowler v. BottMassachusetts Supreme Judicial Court · 1809
- Hudson v. HuntSuperior Court of New Hampshire · 1831
- Rix v. ElliotSuperior Court of New Hampshire · 1818