Howland's Appeal
Supreme Court of New Hampshire
Appeal, from a decree of the judge of probate. Facts found by the court. Howland made an assignment for the benefit of his creditors September 14, 1892. He filed a list of his creditors October 22, stating their residences and the amount of each one’s claim, but not the nature and consideration of the claim, nor whether it was secured.
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Appeal, from a decree of the judge of probate. Facts found by the court. Howland made an assignment for the benefit of his creditors September 14, 1892. He filed a list of his creditors October 22, stating their residences and the amount of each one’s claim, but not the nature and consideration of the claim, nor whether it was secured. Because of this omission, and the fact that the list was not filed within ten days after the beginning of the proceedings, or before the first meeting of his creditors, the judge of probate dismissed the proceedings; and the court at the trial term affirmed the…
1Opinion of the CourtChase, J.
By the common law of this state an insolvent debtor might assign his property to trustees for conversion into money, and for distribution with or without preference among those of his creditors who assented to the assignment, upon condition that he should be discharged from their claims. Haven v. Richardson, 5 N. H. 113. Such assignments furnished facilities for committing injustice and fraud, of which parties took advantage. To remedy the evil, the act of July 5, 1834 (Laws 1834, c. 161), was passed, by which it was enacted that no assignment for the benefit of creditors should be valid…
2Cases cited3 opinions
- Barth v. . BackusNew York Court of Appeals · 1893
- In re MannSupreme Court of Minnesota · 1884
- Metcalf & Cushing v. Van BruntNew York Supreme Court · 1862
3Cited by2 opinions
- Pitman v. Marquardt & SonsIndiana Court of Appeals · 1898
- Milwaukee Trust Co. v. Lancashire InsuranceWisconsin Supreme Court · 1897