Giddings v. Coleman
Superior Court of New Hampshire
Foreign attachment. The trustee disclosed that he was indebted to Coleman, the principal debtor, on account, in the sum of $50.69, on the 7th day of July, 1840. He further stated in his disclosure, that Coleman had two day-books, on which the items were charged constituting said account, a portion of them being entered upon one of said books, and a portion upon the other ; and that he also had a ledger, upon which a portion of said account was posted, but that another…
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Foreign attachment. The trustee disclosed that he was indebted to Coleman, the principal debtor, on account, in the sum of $50.69, on the 7th day of July, 1840. He further stated in his disclosure, that Coleman had two day-books, on which the items were charged constituting said account, a portion of them being entered upon one of said books, and a portion upon the other ; and that he also had a ledger, upon which a portion of said account was posted, but that another portion of it, to wit, the sum of $23.71, being the entire sum which was entered upon one of said day-books, was not posted…
1Opinion of the CourtWoods, J.
Upon the state of facts disclosed by him, the trustee is most clearly chargeable for the sum of $23.71, which, not constituting any part of the accounts purporting to have been assigned to Jones and son, was, nevertheless, a sum fairly due from the trustee to Coleman, at the time of the service of the writ in this action.
In no point of view can the supposed assignment be regarded as embracing and transferring the aforesaid sum of $23.71. The items of account, which, in the aggregate, made up that sum, were not entered upon either of the books. *156which, together with their contents, purported to…
2Cases cited1 opinion
- Wright v. FoordSuperior Court of New Hampshire · 1830
3Cited by5 opinions
- Corning v. RecordsSupreme Court of New Hampshire · 1898
- Holden v. BrownSuperior Court of New Hampshire · 1848
- Langley v. BerrySuperior Court of New Hampshire · 1843
- Robbins v. RiceSuperior Court of New Hampshire · 1847
- Spinney v. Portsmouth Hosiery Co.Superior Court of New Hampshire · 1852