Hutchins v. Sprague
Superior Court of New Hampshire
In this case the issue joined between the plaintiffs, and Carlton, the supposed trustee, was, whether Carlton had in his hands at the time of the service of the writ, or at any time since, any money, goods, chattels, rights or credits, of Sprague, and was tried here at May term, 1827. It appeared in evidence, that Sprague, by three several biljs of sale, all made at the same time, but dated August 26, 28, and 30, 1824, conveyed to Carlton goods to the value of $664,21, and…
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In this case the issue joined between the plaintiffs, and Carlton, the supposed trustee, was, whether Carlton had in his hands at the time of the service of the writ, or at any time since, any money, goods, chattels, rights or credits, of Sprague, and was tried here at May term, 1827. It appeared in evidence, that Sprague, by three several biljs of sale, all made at the same time, but dated August 26, 28, and 30, 1824, conveyed to Carlton goods to the value of $664,21, and on the 28th August, 1824, Sprague assigned to Carlton notes and accounts to the value of $1492,69, upon which it appeared…
1Opinion of the Court
*476The opinion.of the court was delivered by
Richardson, C. J.
It is not disputed in this case, that previous to the commencement of this action, certain goods, accounts and notes passed, from the principal into the hands of the trustee ; nor is it disputed, that the amount due from the principal to the trustee, upon claims existing at the time the goods thus passed, together with the debt the trustee assumed to pay at that time, is greater than the value of the goods together with the amount of all the money that has been collected on the notes and accounts.
But it is contended, on the part of the…
2Cases cited1 opinion
- Thomas v. GoodwinMassachusetts Supreme Judicial Court · 1815
3Cited by3 opinions
- Corning v. RecordsSupreme Court of New Hampshire · 1898
- Sahley v. TIPTON COMPANYDistrict Court, D. Delaware · 1967
- Boardman v. CushingSuperior Court of New Hampshire · 1841