Hall v. Boardman
Superior Court of New Hampshire
Assumpsit upon a negotiable promissory note of the defendant, dated August 11,1840, payable in four months from date, and duly indorsed by the payee. The case was submitted for the opinion of the court on an agreed statement of facts.
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Assumpsit upon a negotiable promissory note of the defendant, dated August 11,1840, payable in four months from date, and duly indorsed by the payee. The case was submitted for the opinion of the court on an agreed statement of facts. On the fifteenth day of January, 1841, the defendant instituted proceedings in his own favor, under the insolvent laws of Massachusetts, of which state both he and the payee of said note were then, and up to the time of his discharge, continued to be citizens. Pursuant to the application of the defendant, a warrant issued, and regular proceedings were had; the…
1Opinion of the CourtParker, C. J.
The statute of Massachusetts, passed in 1838, chap. 163, entitled “an act for the relief of insolvent debtors, and the more equal distribution of their effects,” which it has been agreed should be referred to, makes ample provision for the transfer of the effects of the insolvent. The fifth section declares that the assignment shall vest in the assignees “all the property of the debtor, both real and personal, which he could by any way or means have lawfully sold, assigned or conveyed; * * * and the said assignment shall also vest in the said assignees all debts due to the debtor, * * and all…
2Cases cited5 opinions
- Baker v. WheatonMassachusetts Supreme Judicial Court · 1809
- Watson v. BourneMassachusetts Supreme Judicial Court · 1813
- Douglas v. OldhamSuperior Court of New Hampshire · 1833
- Saunders v. WilliamsSuperior Court of New Hampshire · 1830
- Dyer v. HuntSuperior Court of New Hampshire · 1831
3Cited by1 opinion
- Stevens v. NorrisSuperior Court of New Hampshire · 1855