Farr v. Cate
Supreme Court of New Hampshire
Assumpsit. The defendant having been adjudged a bankrupt, the plaintiff moved that the action be dismissed without costs.
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Assumpsit. The defendant having been adjudged a bankrupt, the plaintiff moved that the action be dismissed without costs. To this the defendant’s counsel objected, claiming that they had a lien upon the costs if they should recover, and that, the assignee not having asserted any claim, the defendant had the right to insist on his defence and obtain a judgment for costs ; and after the motion to dismiss was made, the defendant’s counsel moved that the assignee have leave to appear. No assignee having appeared when the motion to dismiss was made, the court granted that motion, and the defendant…
1Opinion of the CourtFoster, J.
At any time before the plaintiff opens his case to the jury he may become nonsuit, as a matter of right. Judge of Probate v. Abbot, 13 N. H. 21; Caverly v. Jones, 23 N. H. 573; Wright v. Bartlett, 45 N. H. 289; Fulford v. Converse, 54 N. H. 543; Parker v. Burns, 57 N. H. 602; Haskell v. Whitney, 12 Mass. 47; West v. Furbish, 5 Reporter 235.
It is enacted by U. S. Gen. St., s. 5047, that the assignee in bankruptcy may defend any suit in which the bankrupt is a party defendant, in the same manner and with the like effect as it might have been defended by the bankrupt.
The assignee’s appearance…
2Cases cited1 opinion
- Haskell v. WhitneyMassachusetts Supreme Judicial Court · 1815
3Cited by3 opinions
- Simpson v. GafneySupreme Court of New Hampshire · 1891
- Ingalls v. Maine Central RailroadSupreme Court of New Hampshire · 1928
- Webster v. BridgewaterSupreme Court of New Hampshire · 1884