Stirn & Lyon v. McQuade
Supreme Court of New Hampshire
Assumpsit, for goods sold and delivered. Writ dated March 29, 1889. Facts agreed. At the time of the sale of the goods, the plaintiffs resided and did business, and have ever since resided and done business, in New York. The defendants resided and did business, and have ever since resided and done business, in Manchester. July 25, 1888, the defendants were adjudged insolvent upon the petition of one of their creditors residing in Boston.
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Assumpsit, for goods sold and delivered. Writ dated March 29, 1889. Facts agreed. At the time of the sale of the goods, the plaintiffs resided and did business, and have ever since resided and done business, in New York. The defendants resided and did business, and have ever since resided and done business, in Manchester. July 25, 1888, the defendants were adjudged insolvent upon the petition of one of their creditors residing in Boston. September 19, 1888, they filed an agreement for compromise, and received a discharge from the insolvency court. The plaintiffs received notice of the…
1Opinion of the CourtClark, J.
It is settled that the insolvent law of one state has no effect in another state against the citizens of the latter holding claims that follow the person of the creditor, unless they place themselves under the jurisdiction of the law by voluntarily becom ing parties to the insolvency proceedings. Perley v. Mason, 64 N. H. 6; Carbee v. Mason, 64 N. H. 10; Dunlap v. Rogers, 47 N. H. 281; Newmarket Bank v. Butler, 45 N. H. 236; Baldwin v. Hale, 1 Wall. 223 ; Gilman v. Lockwood, 4 Wall. 409; Denny v. Bennett, 128 U. S. 489. The plaintiffs, being citizens of New York, were not under the…
2Cases cited8 opinions
- Baldwin v. HaleSupreme Court of the United States · 1864
- Denny v. BennettSupreme Court of the United States · 1888
- Gilman v. LockwoodSupreme Court of the United States · 1867
- Bedell & Warden v. ScrutonSupreme Court of Vermont · 1882
- Phoenix National Bank of Providence v. BatchellerMassachusetts Supreme Judicial Court · 1890
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