Treadwell v. Brown
Supreme Court of New Hampshire
This is a bill in equity, by a creditor of James C. Brown, one of the defendants, against the members of a partnership, alleging a previous suit at law by this plaintiff against the said James, in which the partner, Edmund, was summoned as trustee; that the said James was defaulted in that suit, and that the plaintiff thereby became his judgment creditor; alleging, also, that the assets of this firm were more than sufficient to pay all the debts, and praying that an account…
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This is a bill in equity, by a creditor of James C. Brown, one of the defendants, against the members of a partnership, alleging a previous suit at law by this plaintiff against the said James, in which the partner, Edmund, was summoned as trustee; that the said James was defaulted in that suit, and that the plaintiff thereby became his judgment creditor; alleging, also, that the assets of this firm were more than sufficient to pay all the debts, and praying that an account may be taken and the share of the debtor, James, in the surplus, be ascertained and applied to the payment of the…
1Opinion of the CourtBellows, J.
It may be regarded as settled in New-Hampshire,. that the goods of a partnership can not be attached in a suit against one of its members, and removed from its possession. Gibson v. Stearns, 7 N. H. 352; Morrison v. Blodgett, 8 N. H. 238; Page v. Carpenter, 10 N. H. 77; Newman v. Bean, 21 N. H. 93; Hill v. Wiggin, 31 N. H. 292. But it has not been held that no lien whatever can be acquired by attachment; on the contrary, it seems to be the opinion of learned judges that such attachment may be made. In Morrison v. Blodgett, above cited, the suggestion is made, by-Judge Parker, of such an…
2Cases cited2 opinions
- Walsh v. AdamsNew York Supreme Court · 1846
- Baldwin v. JacksonMassachusetts Supreme Judicial Court · 1815
3Cited by1 opinion
- In re GilbertDistrict Court, D. New Hampshire · 1936