Quigg v. Kittredge
Superior Court of New Hampshire
Foreign Attachment, against J. M. M. Elliot, as trustee of R. Xittredge. The trustee pleaded that he had not, either in his private capacity, or as executor of the last will of Jacob Elliot, at the time of the service of the writ, or since, any money, goods, &c., of the principal debtor, in his possession.
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Foreign Attachment, against J. M. M. Elliot, as trustee of R. Xittredge. The trustee pleaded that he had not, either in his private capacity, or as executor of the last will of Jacob Elliot, at the time of the service of the writ, or since, any money, goods, &c., of the principal debtor, in his possession. The plaintiff elected to take the disclosure of the trustee, from which it appeared that in the year 1838 the principal defendant brought an action of trespass on the case against Jacob Elliot, for an alleged injury done to his sheep by Elliot’s dog, in which, at the September term, 1840,…
1Opinion of the CourtParker, C. J.
On the reversal of the judgment, a right of action accrued to Kittredge, to recover back the money which he had paid. 24 Wend. 32, Maghee v. Kellogg. There was a debt due to .him, which he might enforce by presenting it to the trustee as executor. Foreign attáchments may be maintained against an executor *139or administrator of a solvent estate. It has been decided that this process lies against an insolvent estate, to obtain the amount due to a creditor who has had a claim allowed (2 N. H. Rep. 394, Adams v. Barrett), and against any executor or administrator, to recover the share of an heir in…
2Cases cited1 opinion
- Farnum v. Town of ConcordSuperior Court of New Hampshire · 1821
3Cited by1 opinion
- Slaughter v. BrownDistrict Court, D. New Jersey · 1935