Kidder v. Page
Supreme Court of New Hampshire
Foreign Attachment. The trustee disclosed the following facts : April 11th, 1866, the trustee held four notes against the firm of Page & Martin, amounting without interest to $3,946.32 ; and on that day Page & Martin, who were retail grocers in Manchester, mortgaged their stock of goods to the trustee to secure these notes.
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Foreign Attachment. The trustee disclosed the following facts : April 11th, 1866, the trustee held four notes against the firm of Page & Martin, amounting without interest to $3,946.32 ; and on that day Page & Martin, who were retail grocers in Manchester, mortgaged their stock of goods to the trustee to secure these notes. At the same time Page & Martin executed a second mortgage to the trustee to secure a note for $2,000, dated August 28, 1862, signed by W. P. Downing and the firm name of “ Page & Martin.” The statements in the disclosure tended to show that the firm signature was in the…
1Opinion of the CourtSmith, J.
Although a trustee may be chargeable for goods of the principal defendant which were taken from his- hands by a wrong-doer after the service of the trustee process (Despatch Line of Packets v. Bellamy Man. Co., 12 N. H. 205), it seems clear that he cannot be charged for goods which were so taken from him before such service and never afterwards came into his possession. In the latter case the trustee never was under any obligation to the trusteeing creditor to retain the possession of the property; and the service of the trustee process does not impose upon the trustee the duty of…
2Cases cited4 opinions
- Brinkerhoff v. MarvinNew York Court of Chancery · 1821
- Bank of Rochester v. BowenNew York Supreme Court · 1831
- Rogers v. RogersNew York Court of Chancery · 1828
- Elliott v. DudleyNew York Supreme Court · 1855
3Cited by1 opinion
- Lineham v. Southern New England Production Credit Ass'nSupreme Court of New Hampshire · 1982