Haselton v. Monroe
Superior Court of New Hampshire
Assumpsit, to recover $21.11,' due on an account annexed to the writ. The defendant pleaded in abatement that before the date of the writ, one Cheney sued out a writ against Haselton, the plaintiff, and this defendant, as trustee to an amount exceeding the sum demanded in this suit. The writ was returnable before "William H. Rollins, a justice of the peace, on the 6th day of March next ensuing the service, and subsequent to the date of the present plaintiff’s writ.
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Assumpsit, to recover $21.11,' due on an account annexed to the writ. The defendant pleaded in abatement that before the date of the writ, one Cheney sued out a writ against Haselton, the plaintiff, and this defendant, as trustee to an amount exceeding the sum demanded in this suit. The writ was returnable before "William H. Rollins, a justice of the peace, on the 6th day of March next ensuing the service, and subsequent to the date of the present plaintiff’s writ. The replication stated that the action against the plaintiff was, by Rollins, the justice, continued to the 13th day of March,…
1Opinion of the CourtGilchrist, J.
The demurrer must prevail. The debtor who has been summoned as trustee for the whole amount which he owes the party made defendant in the trustee suit, cannot, while he remains liable to be charged in that suit, be called on by his creditor. This was said in Burnham v. Folsom, 5 N. H. Rep. 568, and is the language of the cases there cited, and of a still earlier one in Calthrop’s Cases under the Customs of London 33, Haydon v. Shink.
Judgment for the defendant on the demurrer.
2Cases cited1 opinion
- Burnham v. FolsomSuperior Court of New Hampshire · 1832