Nashua Light, Heat, & Power Co. v. Francestown Soapstone Co.
Supreme Court of New Hampshire
Foreign Attachment. The defendants were defaulted. The issue of the trustee’s chargeability was tried before Peaslee, J., at the September term, 1907, of the superior court. The trustee was discharged, and the plaintiffs excepted. February 15, 1905, the defendants leased to the trustee for the term of three years a tract of land, part of which they leased from the Boston & Maine Bailroad. Their lease expired June 1, 1905, and was not renewed.
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Foreign Attachment. The defendants were defaulted. The issue of the trustee’s chargeability was tried before Peaslee, J., at the September term, 1907, of the superior court. The trustee was discharged, and the plaintiffs excepted. February 15, 1905, the defendants leased to the trustee for the term of three years a tract of land, part of which they leased from the Boston & Maine Bailroad. Their lease expired June 1, 1905, and was not renewed. The trustee paid rent to the defendants to that date, and afterward to the railroad. The writ was served on the trustee June 9, 1905.
1Opinion of the CourtYoung, J.
The test to determine whether the trustee is chargeable is to inquire whether the defendants could maintain an action against him for rent. Glauber Mfg. Co. v. Voter, 71 N. H. 68; Corning v. Records, 69 N. H. 390, 396; Marsh v. Garney, 69 N. H. 236. It is an answer to such an action for the tenant to show that, in order to avoid eviction, he attorned to the person legally entitled to the immediate possession of the premises. Russell v. Allard, 18 N. H. 222; Smith v. Shepard, 15 Pick. 147; Morse v. Goddard, 13 Met. 177; 11 Cyc. 1120; 8 Am. & Eng. Enc. Law 105-108. The test, therefore, to…
2Cited by4 opinions
- Hustead v. Superior CourtCalifornia Court of Appeal · 1969
- Palmer v. Duplex Truck Co.Supreme Court of New Hampshire · 1918
- Smith v. WetherellSupreme Court of New Hampshire · 1937
- White v. Fernald-Woodward Co.Supreme Court of New Hampshire · 1910