Seward v. Harrington
Supreme Court of New Hampshire
Foreign Attachment. Facts found by the court. At the time of the service of the writ upon the trustee Gonyou, the defendant Harrington was in Gonyou’s employ, and there was due him $50 for labor, which, according to Gonyou’s usual practice, would have been payable three days later. The day of service, Harrington was collecting for Gonyou.
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Foreign Attachment. Facts found by the court. At the time of the service of the writ upon the trustee Gonyou, the defendant Harrington was in Gonyou’s employ, and there was due him $50 for labor, which, according to Gonyou’s usual practice, would have been payable three days later. The day of service, Harrington was collecting for Gonyou. The next morning Gonyou told his foreman of the attachment, and directed him to settle with Harrington, saying that he himself did not wish “ to know anything about it.” Harrington gave the foreman a statement of Ms collections and expenses, and laid on the…
1Opinion of the CourtBlodgett, J.
At the time of the service of the plaintiff’s process on the trustee, the defendant had in his possession moneys which he had collected i'or the trustee to an amount greater than the latter was owing him for services. Under these circumstances there, was nothing in the hands of the trustee upon which the process could justly operate (Banfield v. Wiggin, 58 N. H. 155); and in the subsequent transactions between his foreman and the defendant nothing appears which affects the trustee’s original liability, or gives the plaintiff any legal or equitable ground of complaint. As against him, it was…
2Cases cited1 opinion
- Banfield v. WigginSupreme Court of New Hampshire · 1877
3Cited by1 opinion
- White v. Fernald-Woodward Co.Supreme Court of New Hampshire · 1911