Brown v. Warren
Supreme Court of New Hampshire
Foreign Attachment. The trustees having disclosed, the plaintiff elected to try their liability by the jury. The trustees were at first summoned severally, but aft.er they had disclosed, the writ was amended so as to hold them jointly and severally.
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Foreign Attachment. The trustees having disclosed, the plaintiff elected to try their liability by the jury. The trustees were at first summoned severally, but aft.er they had disclosed, the writ was amended so as to hold them jointly and severally. It was agreed that on the 5th of February, A. D. 1852, the principal defendant executed to the trustees an assignment, a copy of which follows, marked “A.” Immediately thereupon the trustees took possession of all the property assigned, as set forth in their disclosure, and they still remain in the possession of it, and its avails and proceeds;…
1Opinion of the Court
Sargent, J.*
The trustees in this case, as assignees under the assignment, agree to execute said trust, being responsible only for their actual receipts and willful defaults. To an assignment with such a condition on the part of the assignee, the assent of creditors is never to be presumed. No one in such ease will be presumed to assent, except those who are proved to have thus assented. Spinney v. Hosiery Co., 25 N. H. 9. It becomes unnecessary, therefore, to consider whether the last clause in relation to the creditors signing, &c., affects the assignment, or whether, as in Fellows v.…
2Cases cited8 opinions
- Simson v. HartCourt for the Trial of Impeachments and Correction of Errors · 1816
- Duncan v. LyonNew York Court of Chancery · 1818
- Simpson v. HartNew York Court of Chancery · 1814
- Dale v. CookeNew York Court of Chancery · 1819
- Hathaway v. RussellMassachusetts Supreme Judicial Court · 1820
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3Cited by3 opinions
- Corning v. RecordsSupreme Court of New Hampshire · 1898
- Hibbard v. ClarkSupreme Court of New Hampshire · 1875
- Hoag v. HoagSupreme Court of New Hampshire · 1875