Saunders v. Williams
Superior Court of New Hampshire
It was disclosed in the answer of the trustees in this case, that they were indebted to Williams, the principal, but that a commission of bankruptcy had issued against Williams in England, where he had long resided and been established as a banker, on the 27th of October,. 1825, in consequence of an act of bankruptcy previously committed by him, and in pursuance of the commission so issued, the commissioners of bankruptcy assigned to 'the assignees all the property of…
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It was disclosed in the answer of the trustees in this case, that they were indebted to Williams, the principal, but that a commission of bankruptcy had issued against Williams in England, where he had long resided and been established as a banker, on the 27th of October,. 1825, in consequence of an act of bankruptcy previously committed by him, and in pursuance of the commission so issued, the commissioners of bankruptcy assigned to 'the assignees all the property of Williams, including the debts due to him ; and that the said trustees had notice of the said assignment by the commissioners…
1Opinion of the CourtRichardson, C. J.
In this case the trustees must be charged, unless the debt due from them to the principal has been legally transferred to the assignees to England ; and the question is, whether an assignment by commissioners of bankruptcy in England, can operate as a legal transfer of the property of the bankrupt here, the bankrupt having his domicil in England, so that his debtor, when summoned to answer in our courts by process of foreign attachment, at the suit of a creditor here, cannot be adjudged trustee ?
The principles, which must govern the decision of this question, have been so fully and…
2Cases cited2 opinions
- Harvey v. RichardsU.S. Circuit Court for the District of Massachusetts · 1818
- Holmes v. RemsenNew York Supreme Court · 1822
3Cited by6 opinions
- Corning v. RecordsSupreme Court of New Hampshire · 1898
- Goodall v. MarshallSuperior Court of New Hampshire · 1840
- Johnson & Miller v. HuntNew York Supreme Court · 1840
- Hall v. BoardmanSuperior Court of New Hampshire · 1843
- Sanderson v. BradfordSuperior Court of New Hampshire · 1839
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