Brown v. Silsby
Superior Court of New Hampshire
Foreign attachment. From the disclosure of the trustees it appeared that Silsby, the principal debtor, on the 29th of September, 1838, made an assignment of his property, and delivered to the trustees the property described in it, consisting among other things of goods, and notes and accounts.
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Foreign attachment. From the disclosure of the trustees it appeared that Silsby, the principal debtor, on the 29th of September, 1838, made an assignment of his property, and delivered to the trustees the property described in it, consisting among other things of goods, and notes and accounts. The deed of assignment was drawn to be executed by the creditors, and contained a clause by which they were to accept their several proportions in full discharge of their respective claims. After the goods were placed in the hands of the assignees, and the assignment executed by them, several creditors,…
1Opinion of the Court
Parker, C. J.*
The assignment being invalid against creditors, and the assignees having been summoned as trustees of the principal debtor while the goods received under it remained in their hands, it was their duty to hold those goods *524until the determination of the action ; and upon the issuing of the execution against them as trustees it would have been their duty to deliver them over, that they might be sold and the avails applied in satisfaction of the debt. They have not done this, but have sold them, and cannot now perform that duty. They are, therefore, chargeable with the value. And…
2Cases cited2 opinions
- Gordon v. WestSuperior Court of New Hampshire · 1837
- Stone v. DeanSuperior Court of New Hampshire · 1831
3Cited by3 opinions
- Corning v. RecordsSupreme Court of New Hampshire · 1898
- Swamscot Machine Co. v. PartridgeSuperior Court of New Hampshire · 1852
- Mercer v. Merchants National BankSupreme Court of New Hampshire · 1972