Streeter v. Sumner
Superior Court of New Hampshire
Assumpsit. The fourth count of the plaintiff *s declaration was as follows: For that heretofore, to wit, on the 20th day of February, A. D. 1839, the defendants being possessed of a certain farm situate in said Dalton, upon which said farm there was an opening of about fifteen acres indifferently cleared, and a small unfinished house, and also certain other timbered lots of land, which were situate near and immediately contiguous to said farm, from which said timbered lots…
Read the full summary
Assumpsit. The fourth count of the plaintiff *s declaration was as follows: For that heretofore, to wit, on the 20th day of February, A. D. 1839, the defendants being possessed of a certain farm situate in said Dalton, upon which said farm there was an opening of about fifteen acres indifferently cleared, and a small unfinished house, and also certain other timbered lots of land, which were situate near and immediately contiguous to said farm, from which said timbered lots of land the defendants were accustomed to draw pine timber in the winter season of each successive year, for several…
1Opinion of the CourtBell, J.
The principal question, presented by this case, relates to the effect of the assignment of the plaintiff’s property under the bankrupt act, upon the contract declared on in this case. It is contended by the defendants that all right and claim under this agreement was divested from the plaintiff, and vested in the assignees, and, consequently, that they alone can maintain the action. If that is a correct view of the law, as it is expressly found that the assignee does not assent to nor encourage this suit, the plaintiff has no right of action.
By section 3 of the bankrupt law, it was enacted “…
2Cited by3 opinions
- In Re WoodworthDistrict Court, S.D. New York · 1936
- Dushane v. BeallSupreme Court of the United States · 1896
- Towle v. DavenportSupreme Court of New Hampshire · 1876