Sturtevant v. Armsby Co.
Supreme Court of New Hampshire
Bill in Equity, for an injunction against the prosecution of a suit at law. Facts agreed. December 31,1890, Hanson, a citizen of Massachusetts, filed his voluntary petition in the court of insolvency for Middlesex county. On the same day a warrant was issued by the court against the estate of Hanson.
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Bill in Equity, for an injunction against the prosecution of a suit at law. Facts agreed. December 31,1890, Hanson, a citizen of Massachusetts, filed his voluntary petition in the court of insolvency for Middlesex county. On the same day a warrant was issued by the court against the estate of Hanson. January 22, 1891, the plaintiff, a citizen of Massachusetts, was appointed assignee, and all the debtor’s assets not exempt from attachment were assigned to him by the judge of the insolvency court. The defendants, a corporation organized under the laws of Illinois, afterwards brought a suit in…
1Opinion of the CourtCarpenter, J.
The insolvency proceedings afford no objection to the maintenance of the defendant’s action against Hanson; nor, it seems, would they against such a suit in Massachusetts. Morse v. Reed, 13 Met. 62; Barker v. Haskell, 9 Cush. 218. In these cases the objection was made by the debtor. The plaintiff, as assignee, has no interest to prevent the defendants from prosecuting their suit to judgment. His interest, if any, lies in the opposite direction. If. the defendants obtain judgment, they can prove neither it, nor their original demand against Hanson’s estate. Sampson v. Clark, 2 Cush. 173;…
2Cases cited13 opinions
- Yick Wo v. HopkinsSupreme Court of the United States · 1886
- Ex Parte VirginiaSupreme Court of the United States · 1880
- Hayes v. MissouriSupreme Court of the United States · 1887
- Bell's Gap Railroad v. PennsylvaniaSupreme Court of the United States · 1890
- Missouri v. LewisSupreme Court of the United States · 1880
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3Cited by3 opinions
- Bloomingdale v. WeilWashington Supreme Court · 1902
- Cross v. Brown, Steese & ClarkeSupreme Court of Rhode Island · 1895
- Stillings v. HaleySupreme Court of New Hampshire · 1896