Low v. Wyman
Superior Court of New Hampshire
The trustee in his answer disclosed, that Wyman, the principal, being in failing circumstances, and all his property attached by his creditors which could by law be attached, placed in the hands of the trustee, an attorney, in pursuance of an agreement between the said Wyman and Russell, Shattuck & Co. who had claims against Wyman then in the hands of the trustee for collection, all the rest of his property, being notes and book accounts, as collateral security for the…
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The trustee in his answer disclosed, that Wyman, the principal, being in failing circumstances, and all his property attached by his creditors which could by law be attached, placed in the hands of the trustee, an attorney, in pursuance of an agreement between the said Wyman and Russell, Shattuck & Co. who had claims against Wyman then in the hands of the trustee for collection, all the rest of his property, being notes and book accounts, as collateral security for the payment of said claims of said company: that the trustee had collected on said notes and accounts more than $200, but not…
1Opinion of the CourtRichardson, C. J.
The statute of July 5, 1834, provides that no assignment made for the benefit of creditors of any debtor so assigning his property, shall be valid in law except the same shall provide for an equal distribution of all real, mixed or personal estate among the several creditors, in equal proportion ; and the question in this case is, whether the agreement, under which the notes and accounts were placed in the hands of the trustee, is an assignment within the meaning of this statute ?
It has been decided, in the case of the Meredith Manufacturing Company vs. Smith and trustee, Strafford, December…
2Cited by2 opinions
- Barker v. HallSuperior Court of New Hampshire · 1842
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