Narramore v. Clark
Supreme Court of New Hampshire
Foreign Attachment. The trustee is an attorney at law,, and at the time of the service of the writ upon him had in his. hands $116.65 which he had collected on a debt for the defendant in the course of his professional employment. The question whether he can be charged for that sum was reserved.
1Opinion of the CourtBlodgett, J.
A sufficient answer to the defendant’s claim,, that an attorney at law is an employé within the meaning of the statute (G. L., e. 249, s. 42) enacting that no person shall be charged as trustee for any funds which are held by him “ in the capacity of clerk, cashier, or other employé of the principal defendant, and which have been received in the ordinary course of such employment,” is the statute itself; for of whatever signification the term “ employé ” may be susceptible (see Gurney v. Railway Co., 2 N. Y. Suprm. Ct. (T. & C.) 453, Wilson v. Gray, 127 Mass. 99, Gurney v. Railway, 58 N. Y.…
2Cases cited5 opinions
- Gurney v. Atlantic & Great Western Railway Co.New York Court of Appeals · 1874
- United States v. MorrisSupreme Court of the United States · 1840
- City of St. Louis v. LaughlinSupreme Court of Missouri · 1872
- State v. McGarryWisconsin Supreme Court · 1867
- Wilson v. GrayMassachusetts Supreme Judicial Court · 1879
3Cited by5 opinions
- Keene v. Union School DistrictSupreme Court of New Hampshire · 1938
- Trustees of Phillips Exeter Academy v. New ParishSupreme Court of New Hampshire · 1894
- Honnon v. KerrSupreme Court of New Hampshire · 1932
- State v. NadeauSupreme Court of New Hampshire · 1923
- Gennell v FedEx Corp et alDistrict Court, D. New Hampshire · 2014