Barker v. Bean
Superior Court of New Hampshire
Foreign attachment. The trustee disclosed that previous to the service on him of the plaintiff’s writ, which was served April 27th, 1850, the principal defendant conveyed to him his property, real and personal, by a deed of assignment ■dated that day; that the assignment on the trustee’s part, and, so far as he had any reason to believe, on the part of the principal, was executed in good faith, and with no fi’audulent design or purpose ; that after the service of the writ,…
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Foreign attachment. The trustee disclosed that previous to the service on him of the plaintiff’s writ, which was served April 27th, 1850, the principal defendant conveyed to him his property, real and personal, by a deed of assignment ■dated that day; that the assignment on the trustee’s part, and, so far as he had any reason to believe, on the part of the principal, was executed in good faith, and with no fi’audulent design or purpose ; that after the service of the writ, and on the same day, Bean delivered to the trustee the personal property mentioned in the schedule annexed to the deed of…
1Opinion of the CourtGilchrist, C. J.
The question in this case is, whether an assignment of all a debtor’s property, real and personal, the execution of which is attested by one witness only, be valid against a subsequent attaching creditor who has notice of the assignment.
Neither the act of July 5th, 1834, nor § 1, ch. 134 of the Revised Statutes, prescribe the form of assignments farther than to provide that “ no assignment, made for the benefit of the creditors of any debtor making the same, shall be valid unless it provides for an equal distribution of all the estate, rights and credits of such debtor, among all his…
2Cases cited2 opinions
- Rogers v. JonesSuperior Court of New Hampshire · 1836
- Stone v. AshleySuperior Court of New Hampshire · 1842
3Cited by1 opinion
- Bezanson v. Laconia Savings Bank (In re Bertholet Enterprises, Inc.)United States Bankruptcy Court, D. New Hampshire · 1987