Consolidated Rendering Co. v. Smith

Since “trustee process is an equitable proceeding in which the right of the parties are determined upon equitable principles” (Corning v. Records, 69 N. H. 390, 396), plaintiff maintains that the bank’s failure to make them a party after the filing of the bill of interpleader is a wrong which creates liability relying upon Protective &c. Company v. Collins, 92 N. H. 27. The contention is well founded.

The law is well settled that a trustee is not protected by a judgment against him where he failed to give notice of the pendency of the proceedings to a third person who he knew claimed an…