Kenefick v. Perry
Supreme Court of New Hampshire
Foreign Attachment. Facts found by the court. Writ dated December 20, 1880. The principal defendants were partners ; and November 10, 1880, they made to the trustee, each partner signing for himself, an assignment, in which it was stipulated that the partnership was dissolved, and the assignment then proceeded as follows: “And we each of us do hereby sell, transfer, and assign all the property of the firm, of every kind and description, including all debts to and all…
Read the full summary
Foreign Attachment. Facts found by the court. Writ dated December 20, 1880. The principal defendants were partners ; and November 10, 1880, they made to the trustee, each partner signing for himself, an assignment, in which it was stipulated that the partnership was dissolved, and the assignment then proceeded as follows: “And we each of us do hereby sell, transfer, and assign all the property of the firm, of every kind and description, including all debts to and all contracts with the firm, to Abijah Hollis, in trust for the creditors of the firm, whose names are hereto signed as accepting…
1Opinion of the CourtBlodgett, J.
The trustee must be discharged. Whatever name may have been given to the conveyance in question by the parties, the practical and legal effect of it' was to quitclaim the. debtors’ interest in the firm property to the creditors, who accepted it in satisfaction and payment of their debts. The transfer became perfected when the property was delivered to the agent of the subscribing creditors, and all the debtors’ interest in it passed absolutely and irrevocably, without reversion or return under any circumstances. The transaction thus became devested of the character of a trust in any just…
2Cited by4 opinions
- Clough v. Glines & Stevens Co.Supreme Court of New Hampshire · 1914
- Eldredge Brewing Co. v. Cocheco Bottling Co.Supreme Court of New Hampshire · 1918
- Goodrich v. WoodsomeSupreme Court of New Hampshire · 1917
- Hosmer v. FarleySupreme Court of New Hampshire · 1891