Tucker v. Chick
Supreme Court of New Hampshire
Foreign Attachment. Facts agreed. The trustee, as assignee of the defendant in insolvency, has sold the defendant’s real and personal property and holds the proceeds. A decree of distribution lias been reversed, on the ground that no claims were filed in the prescribed time. Tucker v. Beacham, 65 N. H. 119.
1Opinion of the CourtSmith, J.
The fact that the creditors neglected seasonably to prove their claims did not affect the jurisdiction of the probate ■court. Chick was owing debts, and had property which the statute not only permitted him to assign for' the benefit of his creditors, but upon due proceedings instituted by them would have •compelled him to assign. All the estate of the debtor vested in Beacham as assignee upon his appointment, and was held by him .for the benefit of creditors. He was assignee defacto, if not de jure. An assignee is appointed by the judge of probate and not by the creditors, although the…
2Cited by3 opinions
- Lacoss v. LebanonSupreme Court of New Hampshire · 1917
- Corning v. RecordsSupreme Court of New Hampshire · 1898
- In re ParentDistrict Court, D. New Hampshire · 1940