Peterborough Savings Bank v. Hartshorn
Supreme Court of New Hampshire
Bill ok Interpleader, by the Peterborough Savings Bank against W. H. Barnes, administrator of the estate of Daniel Pratt, David E. Proctor, assignee in insolvency of the estate of John W. Keyes and Ellen M. Hartshorn. Facts agreed. The bank holds a deposit in the name of Pratt, which it offers to bring into court, or to pay, as the court may decree.
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Bill ok Interpleader, by the Peterborough Savings Bank against W. H. Barnes, administrator of the estate of Daniel Pratt, David E. Proctor, assignee in insolvency of the estate of John W. Keyes and Ellen M. Hartshorn. Facts agreed. The bank holds a deposit in the name of Pratt, which it offers to bring into court, or to pay, as the court may decree. In 1871 Pratt gave Keyes a deed of certain land, containing the following words after the description: “And said John W. Keyes is to have for the above consideration all my personal estate at my decease after the payment of my just debts and…
1Opinion of the CourtBlodgett, J.
The contract between Pratt and Keyes as to the personal property was made bona fide for a valuable consideration, did not contravene public policy, might be performed within a year, and was valid. Whatever may have been its operation in respect to title and ownership, the contract gave Keyes an equitable right and interest in the property, at least; and that was enough to enable him specifically to enforce the contract against Pratt’s administrator. Having transferred a portion of his right to Hartshorn to secure the payment of his indebtedness to her, as he might properly and lawfully do (2…
2Cases cited2 opinions
- Eastman v. Savings BankSupreme Court of New Hampshire · 1878
- Cox v. LevistonSupreme Court of New Hampshire · 1884
3Cited by5 opinions
- Rash v. Equitable Trust Co.Superior Court of Delaware · 1931
- In re the Estate of CornellNew York Surrogate's Court · 1939
- Crockett v. SibleySupreme Court of New Hampshire · 1905
- Estate of CloutierSupreme Court of New Hampshire · 1976
- Ladd v. HigginsSupreme Court of New Hampshire · 1946