Bishop v. Holcomb
Supreme Court of Connecticut
This was a scire-facias in a process of foreign attachment, stating, that the plaintiffs brought their action of book debt, by writ dated the 26th of September, 1831, to the county court of Litchfield county, holden on the 3rd Tuesday of December, 1831, against Robert Hine, an absent and abscond- - ing debtor, and so described ; that a true and attested copy was left with Frederick Holcomb, (the present defendant,) attorney and debtor to said Hine ; that in April, 1832, the…
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This was a scire-facias in a process of foreign attachment, stating, that the plaintiffs brought their action of book debt, by writ dated the 26th of September, 1831, to the county court of Litchfield county, holden on the 3rd Tuesday of December, 1831, against Robert Hine, an absent and abscond- - ing debtor, and so described ; that a true and attested copy was left with Frederick Holcomb, (the present defendant,) attorney and debtor to said Hine ; that in April, 1832, the plaintiffs recovered judgment against Hine, for the sum of 216 dollars, 96 cents, damages, and 9 dollars, 29 cents,…
1Opinion of the CourtChurch, J.
The motion presents this case. The defendant was indebted to Hine, the absconding debtor, by note of one hundred and thirty dollars, which was not negotiable, and which was unpaid, when the original process of foreign attachment was served. Before the service of the original writ, however, Hine had, for a valuable consideration, sold and assigned the note in question to Buckingham, to whom, or to whose representatives, it has ever since belonged. Buckingham had given no notice of this assignment to the present defendant, the maker of the note; yet the plaintiffs had notice of it before they…
2Cases cited2 opinions
- Tudor Woodbridge & Co. v. PerkinsSupreme Court of Connecticut · 1809
- Judah v. JuddSupreme Court of Connecticut · 1813
3Cited by17 opinions
- Guillander v. . HowellNew York Court of Appeals · 1866
- Graham Paper Co. v. PembrokeCalifornia Supreme Court · 1899
- Penfield v. JarvisSupreme Court of Connecticut · 1978
- M. Ward & Co. v. MorrisonSupreme Court of Vermont · 1853
- Colt v. IvesSupreme Court of Connecticut · 1862
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