Carbee v. Mason
Supreme Court of New Hampshire
Foreign Attachment. Issue between the plaintiff and the claimant. Facts found by the court. The plaintiff, trustee, and claimant are citizens of this state. The defendant is a citizen of .Vermont. . The claimant is the assignee' in insolvency of the defendant in Vermont. The trustee is indebted to the defendant upon three negotiable promissory notes, made and payable in Vermont ; also on account for meal sold and delivered to him by the defendant in Vermont.
1Opinion of the CourtBingham, J.
The notes were negotiable, made and payable in Vermont. The payee lived there, and the payer in New Hampshire, at the time they were executed. They were not subject to the trustee process, and the plaintiff obtained no lien by the attachment. Jones v. Rider, 60 N. H., 452; G. L., c. 249, ss. 15-17; Chadbourn v. Gilman, 63 N. H. 353.
The debt of the trustee for the meal, not being in the form of a negotiable note, stands differently. The plaintiff, trustee, and claimant are all residents of this state, parties to and appear in the proceedings. The claimant was appointed the assignee of the…
2Cases cited2 opinions
- Baldwin v. HaleSupreme Court of the United States · 1864
- Matter of Accounting of WaiteNew York Court of Appeals · 1885
3Cited by2 opinions
- Watkins v. ArmsSupreme Court of New Hampshire · 1886
- Security Savings & Trust Co. v. RogersIdaho Supreme Court · 1899