Perley v. Mason
Supreme Court of New Hampshire
Foreign Attachment. Issue between the- plaintiff and the claimant. The plaintiff, trustees, and claimant are citizens of this, státe; the defendant is a citizen of Vermont. The action was begun January 31, 1885, and is founded on a note for $100, dated Fairlee, Vt., November 8, 1883, signed by the defendant, and payable to the plaintiff, or bearer, on demand with interest annually.
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Foreign Attachment. Issue between the- plaintiff and the claimant. The plaintiff, trustees, and claimant are citizens of this, státe; the defendant is a citizen of Vermont. The action was begun January 31, 1885, and is founded on a note for $100, dated Fairlee, Vt., November 8, 1883, signed by the defendant, and payable to the plaintiff, or bearer, on demand with interest annually. January 21, 1885, the trustee was indebted to the defendant for flour and grain sold and delivered at Fairlee, Vt. On that day the defendant filed his petition in insolvency under the Vermont insolvent law, and was…
1Opinion of the CourtClark, J.
The plaintiff’s right' of action and attachment in this case is not affected by the insolvency proceedings in Vermont, unless he has in some way become a party to them. The insolvent law of one state has no effect against the citizens of another state holding claims that follow the person of the creditor, no matter where the debt was contracted, or where it is made payable* unless they place themselves under the jurisdiction of the law by voluntarily becoming parties to the insolvency proceedings. Dun lap v. Rogers, 47 N. H. 281, 288; Bank v. Butler, 45 N. H. 236; Baldwin v. Hale, 1 Wall. 223.
2Cases cited8 opinions
- Baldwin v. HaleSupreme Court of the United States · 1864
- Adlum v. YardSupreme Court of Pennsylvania · 1829
- Clay v. SmithSupreme Court of the United States · 1830
- Chafee v. Fourth National BankSupreme Judicial Court of Maine · 1880
- Gilman v. LockwoodSupreme Court of the United States · 1867
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3Cited by1 opinion
- Watkins v. ArmsSupreme Court of New Hampshire · 1886