Arfanis v. Claremont National Bank

The trustee-process held nothing when it was served, for the reason that the debtor’s claims against the trustees were then unliquidated. But prior to the discharge of the trustees the claims had become liquidated and the attachments under the process held. Gove v. Varrell, 58 N. H. 78. It follows that at the time of the agreement for the payment of the insurance money to the bank it had a position of control. If the trustee-process had not been discharged, the bank’s right to elect how to apply the money on the notes when received on execution would not be doubtful.

If prior to a levy of…