Conway v. Cutting
Supreme Court of New Hampshire
Foreign Attachment, by Fred Conway against Erastus Cutting and the city of Manchester, trustee. By the deposition of the treasurer of the city, it appeared that, at the time of the service of the plaintiff’s writ on the city, the city was owing the defendant 148.00 for work. Arthur M. Eastman appeared as claimant of that sum.
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Foreign Attachment, by Fred Conway against Erastus Cutting and the city of Manchester, trustee. By the deposition of the treasurer of the city, it appeared that, at the time of the service of the plaintiff’s writ on the city, the city was owing the defendant 148.00 for work. Arthur M. Eastman appeared as claimant of that sum. Before the service of the plaintiff’s writ on the city, the defendant being indebted to Eastman more than $60.00, gave Eastman a written order on the city for $60.00. Upon this order the city treasurer wrote “Accepted, to be paid when in funds,” and signed the…
1Opinion of the CourtFoster, J.
We do not regard it as essential to the rights of the parties that we should answer the precise questions reserved in this case.
The case finds that the defendant was indebted to Eastman, the claimant, and that, prior to the service of the trustee process, and, for the purpose of securing Eastman’s claim, he gave Eastman an order upon the trustee, directing the trustee to pay to Eastman, instead of himself, the debt which the trustee was owing to him, the defendant.
This was neither more nor less than a valid assignment of a chose in action. 1 Pars. Con. (5th ed.) 226, and note n; Cameron v.…
2Cases cited3 opinions
- Van Staphorst v. PearceMassachusetts Supreme Judicial Court · 1808
- Legro v. StaplesSupreme Judicial Court of Maine · 1839
- Johnson v. ThayerSupreme Judicial Court of Maine · 1840
3Cited by2 opinions
- In Re Dodge-Freedman Poultry CompanyDistrict Court, D. New Hampshire · 1956
- Corning v. RecordsSupreme Court of New Hampshire · 1898