Musgrove v. Goss
Supreme Court of New Hampshire
Foreign Attachment. Issue between the plaintiff and the claimant. Transferred from the October term, 1908, of the superior court by Wallace, C. J. At the date of service, Edson, the trustee, had in his possession a check drawn by the Hartford Life Insurance Company of Hartford, Connecticut, upon the First National Bank of that city, payable to the order of himself and Goss, the principal defendant.
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Foreign Attachment. Issue between the plaintiff and the claimant. Transferred from the October term, 1908, of the superior court by Wallace, C. J. At the date of service, Edson, the trustee, had in his possession a check drawn by the Hartford Life Insurance Company of Hartford, Connecticut, upon the First National Bank of that city, payable to the order of himself and Goss, the principal defendant. The check was sent to Edson in payment of individual claims of both payees against the insurance company, and was drawn for the amount of both claims. Subsequently to the service of the writ, Edson…
1Opinion of the CourtBingham, J.
Prior to 1841, negotiable notes and other ehoses in action in the possession of a trustee and belonging to the principal defendant could not be held upon trustee process. Stone v. Dean, 5 N. H. 502. At that time no means were provided for enforcing payment,of such securities. But in 1841 this deficiency was supplied by the enactment of a law which provided that in such case “ the court . . . may appoint a receiver, whose duty it shall be, under the direction of the court, to collect and apply the proceeds to the payment of the debt and costs recovered by the plaintiff against the principal…
2Cases cited1 opinion
- Mitchell Bros. v. Green & Burnham & Indian Head National BankSupreme Court of New Hampshire · 1883
3Cited by2 opinions
- Dupont v. MooreSupreme Court of New Hampshire · 1933
- White v. Fernald-Woodward Co.Supreme Court of New Hampshire · 1911