Legal Opinion

Atkins v. Prescott

Superior Court of New Hampshire

Decided July 15, 1839PublishedCited by 4 opinions

FoReign ATTACHMENT. The principal was defaulted. The trustee disclosed that there was nothing in his hands for which he was individually liable to the principal debtor.

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FoReign ATTACHMENT. The principal was defaulted. The trustee disclosed that there was nothing in his hands for which he was individually liable to the principal debtor. In answer to the enquiry whether he at any time bargained with or employed Prescott, the defendant, to carry for him the United States mail on any route ; and if so, for what length of time, and at what rate of compensation, the trustee discloses that he never made any bargain, or employed the said Prescott to carry the United States mail on any route or routes; but that Josiah B. French, of Lowell, Massachusetts, and the…

1Opinion of the CourtUpham, J.

The trustee who is summoned in this case is a partner of French, and if liable at all is liable only as a member of that firm. He is, however, summoned merely in his individual capacity. But it is well settled in this state that one of two joint debtors cannot be charged as a trustee in a suit where the other debtor is not joined. 1 N. H. Rep. 184, Rix vs. Noyes & Trustee; 5 Ditto 538, Hudson vs. Hunt & Trustee.

Where a debtor holds a joint contract against two or more, and his creditor would avail himself of the benefit of this contract, under process of foreign attachment, he must summon all…

2Cases cited2 opinions

  1. Parker v. DanforthMassachusetts Supreme Judicial Court · 1820
  2. Fowler v. BottMassachusetts Supreme Judicial Court · 1809

3Cited by4 opinions

  1. Forist v. BellowsSupreme Court of New Hampshire · 1879
  2. Ladd v. BakerSuperior Court of New Hampshire · 1852
  3. Burnham v. HopkinsonSuperior Court of New Hampshire · 1845
  4. Clark v. WilsonSuperior Court of New Hampshire · 1844

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