Broadhurst v. Morgan
Supreme Court of New Hampshire
Case, for deceit, with a count in assumpsit. The action was brought in the police court of Somer-sworth, where the plaintiff' had judgment, and the defendant appealed. The defendant-demurred on the ground (1) that the counts could not be joined, and (2) that no cause of action was stated in either count. The-demurrer was overruled, and the plaintiff had leave to file a new count in assumpsit. The defendant excepted. Facts found by the court.
Read the full summary
Case, for deceit, with a count in assumpsit. The action was brought in the police court of Somer-sworth, where the plaintiff' had judgment, and the defendant appealed. The defendant-demurred on the ground (1) that the counts could not be joined, and (2) that no cause of action was stated in either count. The-demurrer was overruled, and the plaintiff had leave to file a new count in assumpsit. The defendant excepted. Facts found by the court. Morgan brought a suit against one Parsons, and summoned Broadhurst as trustee, who was indebted to Parsons in the sum of four dollars. Morgan promised…
1Opinion of the CourtSmith, J.
The money attached in the trustee suit was not Morgan’s money. The attachment gave him no right to it or to its possession, but merely a statutory lien, with the right to hold Morgan’s interest in it, provided he should obtain judgment and seasonably sue out and levy an execution. Baker v. Beers, 64 N H. 102, 104. Broadhurst, by paying the money to Morgan before it had been judicially determined that Parsons was indebted to him, was not thereby discharged of his indebtedness to Parsons. JMrsons’s right to enforce payment was merely suspended during the pendency of the trustee process, and…
2Cases cited3 opinions
- Sawyer v. Manchester & Keene RailroadSupreme Court of New Hampshire · 1882
- Baker v. BeersSupreme Court of New Hampshire · 1886
- Rutherford v. WhitcherSupreme Court of New Hampshire · 1880
3Cited by3 opinions
- Corning v. RecordsSupreme Court of New Hampshire · 1898
- State Ex Rel. Thorndike v. CollinsSupreme Court of New Hampshire · 1894
- Sanborn v. Boston & Maine RailroadSupreme Court of New Hampshire · 1911