Rowe v. Page
Supreme Court of New Hampshire
Trover, by Samuel Rowe against Calvin Page, for two mowing machines and six plows. By consent of the parties the case was tried by the court, before whom the following facts were proved or admitted: February 17,1872, the firm of Mason & Seavey, copartners in trade at Portsmouth, owned the property, and on that day the plaintiff, who was sheriff of Rockingham county, attached it on a writ in favor of Millard & Curran against Mason & Seavey, and thereupon Mason & Seavey…
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Trover, by Samuel Rowe against Calvin Page, for two mowing machines and six plows. By consent of the parties the case was tried by the court, before whom the following facts were proved or admitted: February 17,1872, the firm of Mason & Seavey, copartners in trade at Portsmouth, owned the property, and on that day the plaintiff, who was sheriff of Rockingham county, attached it on a writ in favor of Millard & Curran against Mason & Seavey, and thereupon Mason & Seavey procured Woodbury Seavey to receipt for it to the plaintiff, and it was left in. the possession of Mason & Seavey. It was…
1Opinion of the CourtIsaac W. Smith, J.
I. Did Millard & Curran’s attachment expire in thirty days after the adjournment of the April term ?
At the time Mason & Seavey were adjudged bankrupts, Millard & Curran had a lien on certain property of the bankrupts, created by an attachment thereof more than four months prior to the commencement of proceedings in bankruptcy against them, and therefore valid under the bankrupt act of the United States. Was this lien in any way lost ? If it was lost by reason of the default entered at the April term, 1873, and of the docket entry of “ judgment nisi,” it was lost without the act, consent, or…
2Cases cited4 opinions
- Winsor v. McLellanU.S. Circuit Court for the District of Massachusetts · 1843
- Clifton v. FosterMassachusetts Supreme Judicial Court · 1869
- Ex parte NewhallU.S. Circuit Court for the District of Massachusetts · 1842
- Camack v. BisquaySupreme Court of Alabama · 1850
3Cited by3 opinions
- In re GilbertDistrict Court, D. New Hampshire · 1936
- Esterbrook Steel Pen Manufacturing Co. v. AhernNew Jersey Court of Chancery · 1879
- Nihan v. KnightSupreme Court of New Hampshire · 1875