Derry Bank v. Davis
Supreme Court of New Hampshire
The questions arise upon the disclosure of Charles W. Webster, the alleged trustee of the principal defendants, Edward W. and Charles E. Davis. It appears that the principal defendants had made an assignment of all their property, estate, rights, credits, &e., to the trustee, for the payment of all their debts, &c.
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The questions arise upon the disclosure of Charles W. Webster, the alleged trustee of the principal defendants, Edward W. and Charles E. Davis. It appears that the principal defendants had made an assignment of all their property, estate, rights, credits, &e., to the trustee, for the payment of all their debts, &c. This assignment was dated June 10, 1861. In it Edward W. Davis was described as of Cambridge, Ms., and Charles E. Davis as of Derry, N. H.; they being partners in the boot and shoe business at said Derry; Charles W. Webster, the assignee, as of Boston, Ms. The assignment was…
1Opinion of the CourtBellows, J.
In this case the principal debtors, residing, one in Massachusetts and the other in New-Hampshire, and carrying on the shoe business at Derry, in this State, as partners, made an assignment on the 10th day of June, 1861, describing themselves as partners, but signing their individual names, and not the name of the firm. The assignment purports to grant and assign “ all our property, estate, rights and credits, of every description” — “ to be divided among all the creditors of the said E. W. Davis and Charles E. Davis” ; and the plaintiff, a creditor of the firm, having summoned the assignee…
2Cases cited2 opinions
- Simmons v. CurtisSupreme Judicial Court of Maine · 1856
- Merrill v. WilsonSupreme Judicial Court of Maine · 1848
3Cited by2 opinions
- Corning v. RecordsSupreme Court of New Hampshire · 1898
- In re BradleyDistrict Court, E.D. Kentucky · 1939