White v. Fernald-Woodward Co.
Supreme Court of New Hampshire
Foreign Attachment. Issue between tbe plaintiff and tbe claimant. Transferred from tbe December term, 1909, of tbe superior court upon tbe plaintiff’s bill of exceptions allowed by Chamberlin, J. Tbe principal defendants are copartners, Woodward hereinafter mentioned being a member of tbe firm. Tbe trustees are tbe Burbank Company and tbe Orient Insurance Company.
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Foreign Attachment. Issue between tbe plaintiff and tbe claimant. Transferred from tbe December term, 1909, of tbe superior court upon tbe plaintiff’s bill of exceptions allowed by Chamberlin, J. Tbe principal defendants are copartners, Woodward hereinafter mentioned being a member of tbe firm. Tbe trustees are tbe Burbank Company and tbe Orient Insurance Company. May .23, 1907, Woodward bad a claim against tbe Burbank Company for $6,000, evidenced by a promissory note of that date. Tbe note was secured by a pledge of shares of tbe capital stock of tbe Burbank Company, which proved to be…
1Opinion of the CourtP Ait sons, C. J.
The liability of the Orient Insurance Company, trustee, to the defendant Woodward existed only through the order given by the Burbank Company and accepted by the Insurance Company. The consideration of the order was the indebtedness of the Burbank Company upon the $6,000 note upon which the proceeds of the order were to be applied. The order Therefore was a provision made by the signers of the note for its payment. Their stock is stated to be worthless and it could be found that they are insolvent. Prior to the giving of the order, Woodward had pledged the $6,000 note to the claimant…
2Cases cited9 opinions
- Hunt v. New Hampshire Fire Underwriters' Ass'nSupreme Court of New Hampshire · 1895
- Corning v. RecordsSupreme Court of New Hampshire · 1898
- Forist v. BellowsSupreme Court of New Hampshire · 1879
- Libby v. Mt. Monadnock Mineral Spring & Land Co.Supreme Court of New Hampshire · 1893
- Nashua Light, Heat, & Power Co. v. Francestown Soapstone Co.Supreme Court of New Hampshire · 1908
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3Cited by1 opinion
- White v. Fernald-Woodward Co.Supreme Court of New Hampshire · 1911