Stillings v. Haley
Supreme Court of New Hampshire
Foreign Attachment. Issue between the plaintiff and the claimant. Facts agreed. The writ was served on the trustee, September 14, 1894. January 27, 1894, the Haley Manufacturing Company made a voluntary assignment. February 1, 1894, the company was decreed insolvent by the probate court for this county, upon a petition of creditors filed January 19, 1894, and February 24, 1894, George A. Foster, trustee in this action, was appointed assignee.
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Foreign Attachment. Issue between the plaintiff and the claimant. Facts agreed. The writ was served on the trustee, September 14, 1894. January 27, 1894, the Haley Manufacturing Company made a voluntary assignment. February 1, 1894, the company was decreed insolvent by the probate court for this county, upon a petition of creditors filed January 19, 1894, and February 24, 1894, George A. Foster, trustee in this action, was appointed assignee. At the time of the assignment, John J. Haley resided in Newton, Mass., but he had been in Concord a large portion of the time for several years in the…
1Opinion of the CourtParsons, J.
As we understand the statement of facts to which the parties have agreed, the assignee of-John J. Haley does not now hold the property of his insolvent by virtue of the common-law assignment, but holds it by force of his appointment under the Massachusetts insolvency law; and it is for the purpose of distribution in accordance with that law that he now asserts title to the funds attached by the plaintiff in this suit. It is, therefore, unnecessary to determine what his right might be if he sought to hold the property for distribution under the common-law assignment. Saunders v. Williams, 5 N.…
2Cases cited5 opinions
- Morgan v. BurrSupreme Court of New Hampshire · 1878
- Sanderson v. PeabodySupreme Court of New Hampshire · 1877
- Sturtevant v. Armsby Co.Supreme Court of New Hampshire · 1891
- Davis v. FoggSupreme Court of New Hampshire · 1877
- State v. Boston & Maine RailroadSupreme Court of New Hampshire · 1878