Legal Opinion

Woodward v. Tupper

Supreme Court of New Hampshire

Decided March 5, 1879PublishedCited by 1 opinion

Foreign Attachment. The trustee is indebted to the defendant, and is administrator of 0, to whose estate the defendant is indebted. The court reserved the question whether the trustee can set off the debt due from the defendant to the estate against the debt due from the trustee to the defendant.

1Opinion of the Court

Smith J.

The debt due from the trustee to the defendant having been attached, he is entitled to make the same defence he could if sued by his creditor. The rights of the trustee are not changed to his prejudice by the fact that the action is commenced by a creditor of the principal defendant, and not by the defendant himself. Swamscott Machine Co. v. Partridge, 25 N. H. 369. If this were a suit between the defendant and trustee, mutual demands only could be set off, — that is, demands due to and from the same persons in the same capacity. Brown v. Warren, 43 N. H. 430. If the trustee had been…

2Cases cited1 opinion

  1. Hoag v. HoagSupreme Court of New Hampshire · 1875

3Cited by1 opinion

  1. McCaffrey v. KennettSupreme Court of New Hampshire · 1905

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