National Bank v. Mascoma Flannel Co.
Supreme Court of New Hampshire
On August 12, 1899, the defendants conveyed all their property in this state to the American Woolen Company. Neither the plaintiffs, nor their attorneys, nor the sheriff who made the attachments knew, or were in fault for not knowing, that there was a clerk, treasurer, cashier, . director, manager, stockholder, agent, overseer, or other person having the care of the property or the charge of any of the defendants’ business in this state, from the time the properly was…
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On August 12, 1899, the defendants conveyed all their property in this state to the American Woolen Company. Neither the plaintiffs, nor their attorneys, nor the sheriff who made the attachments knew, or were in fault for not knowing, that there was a clerk, treasurer, cashier, . director, manager, stockholder, agent, overseer, or other person having the care of the property or the charge of any of the defendants’ business in this state, from the time the properly was attached until the return day of the writ. Upon these facts the defendants were ordered to answer over, and they excepted.
1Opinion of the CourtBlodgett, C. J.
Whether legal service of the plaintiffs’ writ
could have been made upon the defendants at any time from the date thereof until the conveyance of their property, on August 12, 1899, by giving to their day watchman an attested copy, need not be determined or considered; for whatever representative capacity in respect of service of process he may have previously had as watchman or tenant ceased on that day, wlrich was nearly two months before the expiration of the time within which the officer was entitled to complete service of the writ. P. S., c. 219, s. 1; Kendrick v. Kimball, 33 N. H. 482,…
2Cases cited2 opinions
- Martin v. WigginSupreme Court of New Hampshire · 1892
- Burney v. HodgdonSupreme Court of New Hampshire · 1890
3Cited by2 opinions
- Goodwin v. GoldbergSupreme Court of New Hampshire · 1932
- Therrien v. ScammonSupreme Court of New Hampshire · 1935