White v. Fernald-Woodward Co.
Supreme Court of New Hampshire
Foreign Attachment. Facts found, and case transferred without ruling from the April term, 1910, of the superior court, by Chamberlin, J. White’s claim against the Fernald-Woodward Company is based on a partnership debt, and an attachment has been made of the individual funds of Woodward, a member of the partnership, in the hands of the Orient Insurance Company. The claim of Decker against Woodward is for his individual debt.
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Foreign Attachment. Facts found, and case transferred without ruling from the April term, 1910, of the superior court, by Chamberlin, J. White’s claim against the Fernald-Woodward Company is based on a partnership debt, and an attachment has been made of the individual funds of Woodward, a member of the partnership, in the hands of the Orient Insurance Company. The claim of Decker against Woodward is for his individual debt. May 23, 1907, the Burbank Company borrowed $6,000 of Woodward, giving its note therefor. February 7, 1908, the Burbank Company gave Woodward an order on the Orient…
1Opinion of the CourtBingham, J.
In White v. Fernald-Woodward Co. and Orient insurance Co., Tr., Bartlett, Claimant, 75 N. H. 504, it was held that the trustee should be discharged as to $1,948.76 of the $3,060.84 in its hands at the time of the service of the writ, as that sum belonged to the claimant. The question now before the court is whether the Orient Insurance Company (the trustee in the White suit) or the Burbank Company (the trustee in the Decker suit) ■ shall be charged for the balance of the fund, amounting to $1,112.08, or both being discharged, whether that sum shall be paid to Decker as claimant. The Insurance…
2Cases cited7 opinions
- Corning v. RecordsSupreme Court of New Hampshire · 1898
- Hilliard v. BeattieSupreme Court of New Hampshire · 1893
- Roberts v. NorcrossSupreme Court of New Hampshire · 1898
- Eastman v. NewmanSupreme Court of New Hampshire · 1880
- Musgrove v. GossSupreme Court of New Hampshire · 1909
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Pearson v. BrennanCourt of Appeals for the First Circuit · 1935