Burnham v. Folsom
Superior Court of New Hampshire
In this case, the trustee disclosed in his answers, that on the day, when the writ was served upon him, he was indebted to the principal, Folsom,; in the sum of $22,07, that being the balance of Folsom’s accountjagainst bim ; but that, on the 9th December, 1829, and ¿before the commencement of this suit, Folsom ¡had sued out a writ against him for that balance, and the same had|been duly servfed, which action of the said Folsom against him was still pending.
1Opinion of the Court
The opinion of the court was delivered by
RichaRdson, C. J.
The question is, whether the trustee, in this case, can, upon his disclosure, be [adjudged chargeable ?
The general rule prescribed [by the statute, is, “ that when any person shall have in his possession money, goods, chattels, rights, or credits of any debtor, such person shall be deemed and taken to be trustee of such debtor, and shall be liable to the suit of any creditor of
*567such debtor.” But it is provided in the statute, that whatever may be thus taken from the possession of the trustee, by any creditor of the principal, shall…
2Cases cited11 opinions
- Embree & Collins v. HannaNew York Supreme Court · 1809
- Holmes v. RemsenNew York Court of Chancery · 1820
- Prescott v. HullNew York Supreme Court · 1820
- Minot v. PrescottMassachusetts Supreme Judicial Court · 1782
- Winthrop v. CarltonMassachusetts Supreme Judicial Court · 1812
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3Cited by4 opinions
- Corning v. RecordsSupreme Court of New Hampshire · 1898
- Kittredge v. WarrenSuperior Court of New Hampshire · 1844
- Wadleigh v. PillsburySuperior Court of New Hampshire · 1843
- Haselton v. MonroeSuperior Court of New Hampshire · 1847