Crippen v. Rogers
Supreme Court of New Hampshire
Bill in Equity, for an injunction restraining the defendants, Rogers, Wood, Loring & Co., from prosecuting their action against Potter, White & Bayley; also restraining the defendant-Nutter from applying the proceeds of property attached by him as deputy sheriff in satisfaction of any judgment that may be recovered in said action; also restraining the defendants Dunn, Allen, and Bullens, assignees in insolvency in Massachusetts of the estate of Potter, White & Bayley, from…
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Bill in Equity, for an injunction restraining the defendants, Rogers, Wood, Loring & Co., from prosecuting their action against Potter, White & Bayley; also restraining the defendant-Nutter from applying the proceeds of property attached by him as deputy sheriff in satisfaction of any judgment that may be recovered in said action; also restraining the defendants Dunn, Allen, and Bullens, assignees in insolvency in Massachusetts of the estate of Potter, White & Bayley, from attempting to recover under the deed of assignment to them in the insolvency proceedings the property attached by Nutter.…
1Opinion of the Court
If the Bank of Redemption had brought a suit in its own name for the collection of the notes transferred nominally to Crippen, the case would present no superior equity entitling the bank to appropriate the property attached in this state exclusively to its own debt. Equity as well as comity would require the application of the property to the payment of all the creditors of the insolvents, under the insolvency laws of the state of the domicile of the bank. Kidder v. Tufts, 48 N.H. 121; Eddy v. Winchester,60 N.H. 63.
The plaintiff offers to prove that the transfer of the notes "was an absolute…
2Cases cited4 opinions
- Proctor v. National BankMassachusetts Supreme Judicial Court · 1890
- Levy v. WoodcockSupreme Court of New Hampshire · 1885
- Eddy v. WinchesterSupreme Court of New Hampshire · 1880
- Kidder v. TuftsSupreme Court of New Hampshire · 1868
3Cited by3 opinions
- Lacoss v. LebanonSupreme Court of New Hampshire · 1917
- Wilson v. Nooter Corp.Court of Appeals for the First Circuit · 1974
- Alfred Wilson v. Nooter Corporation, and Third Party v. The H. K. Ferguson Company, Third Party Alfred Wilson v. Nooter Corporation, and Third Party v. The H. K. Ferguson Company, Third PartyCourt of Appeals for the First Circuit · 1974