Legal Opinion

Hoag v. Hoag

Supreme Court of New Hampshire

Decided March 11, 1875PublishedCited by 3 opinions

Assumpsit, before Smith, J., at the October term, 1874. The plaintiff sues in his individual capacity. The plaintiff is administrator of the estate of Alpheus B. Hoag, deceased. The estate is represented as insolvent. The principal defendant, Charles E. Hoag, presented his claim against the estate to the commissioner, who allowed the same. The commissioner’s report has been accepted, but the time for appealing therefrom has not yet expired.

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Assumpsit, before Smith, J., at the October term, 1874. The plaintiff sues in his individual capacity. The plaintiff is administrator of the estate of Alpheus B. Hoag, deceased. The estate is represented as insolvent. The principal defendant, Charles E. Hoag, presented his claim against the estate to the commissioner, who allowed the same. The commissioner’s report has been accepted, but the time for appealing therefrom has not yet expired. In the trustee clause of the writ the officer is commanded “ to attach the money, goods, chattels, rights, and credits of the said defendant in the hands…

1Opinion of the Court

The case of Blaisdell v. Ladd, 14 N.H. 129, seems to be an authority quite in point that this plaintiff; in his individual capacity, cannot have judgment against himself as trustee in the capacity of administrator of the estate of Alpheus B. Hoag. The plaintiff's counsel endeavor to distinguish the two cases on the ground that in Blaisdell v. Ladd the objection was taken by a subsequent attaching creditor. I cannot see, however, that this makes any difference; and whether it does or not, the circumstance was not alluded to by the court, the decision being based upon the general proposition…

2Cases cited1 opinion

  1. Blaisdell v. LaddSuperior Court of New Hampshire · 1843

3Cited by3 opinions

  1. Morrison v. MorrisonMissouri Court of Appeals · 1926
  2. Woodward v. TupperSupreme Court of New Hampshire · 1879
  3. Bryan v. KalesSupreme Court of the United States · 1890

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