Swamscot Machine Co. v. Partridge
Superior Court of New Hampshire
Foreign attachment. The questions which arose in this case grew out of the disclosure of the trustees. It appeared that Partridge & Rude were insured in the New England Mutual Fire Insurance Company, on the 7th day of September, A. D. 1849, for $600, and that the property insured was destroyed by fire on the 19th day of September, 1849. On the 14th day of December, A. D. 1849, the following vote was passed by the directors of said insurance company: “ Voted to allow…
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Foreign attachment. The questions which arose in this case grew out of the disclosure of the trustees. It appeared that Partridge & Rude were insured in the New England Mutual Fire Insurance Company, on the 7th day of September, A. D. 1849, for $600, and that the property insured was destroyed by fire on the 19th day of September, 1849. On the 14th day of December, A. D. 1849, the following vote was passed by the directors of said insurance company: “ Voted to allow Partridge & Rude the sum of $600, in full of their loss on policy No. 6433, as soon as the same can be collected by a new…
1Opinion of the CourtWoods, J.
That the trustees are chargable in this case, admits of no doubt. It is not even denied by themselves. A loss having been suffered by Partridge & Rude by fire, and the amount of damages having been ascertained and voted to be paid by the corporation, the same have assumed the character of a debt due from the insurance company to the assured, which may well be attached by the trustee process. Partridge & Rude, according to that state of facts, are the acknowledged creditors of the trustees for an ascertained and liquidated sum. It is no longer a mere claim for an indemnity for the loss…
2Cases cited8 opinions
- Greenvault v. President of the Farmers & Mechanics' BankMichigan Supreme Court · 1847
- Prescott v. ParkerMassachusetts Supreme Judicial Court · 1808
- Hathaway v. RussellMassachusetts Supreme Judicial Court · 1820
- Boardman v. CushingSuperior Court of New Hampshire · 1841
- Leavitt v. SimesSuperior Court of New Hampshire · 1823
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3Cited by8 opinions
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- Heaton v. Boulders Properties, Inc.Supreme Court of New Hampshire · 1989
- Glick v. Chocorua Forestlands Ltd. PartnershipSupreme Court of New Hampshire · 2008
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