Steer v. Dow
Supreme Court of New Hampshire
Debt, upon a judgment. Pacts found by the court. Tbe defendant appeared and was subsequently defaulted. The only controversy is as to tbe liability of the New York Life Insurance Company as trustee; and that question was transferred without a ruling by Plummer, J., from the January term, 1908, of tbe superior court. The trustee was summoned by service upon the insurance commissioner, November 5, 1906, and at that date was not indebted to tbe defendant.
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Debt, upon a judgment. Pacts found by the court. Tbe defendant appeared and was subsequently defaulted. The only controversy is as to tbe liability of the New York Life Insurance Company as trustee; and that question was transferred without a ruling by Plummer, J., from the January term, 1908, of tbe superior court. The trustee was summoned by service upon the insurance commissioner, November 5, 1906, and at that date was not indebted to tbe defendant. From the disclosure taken May 10, 1907, it appeared that the trustee was then indebted to tbe defendant in tbe sum of $91.27. Prior to June…
1Opinion of the CourtParsons, C. J.
A trustee is chargeable not only for the funds of the defendant in his hands at the time process is served upon him, but also, with certain exceptions, for all that may come to his hands up to the time of disclosure. P. S., e. 245, s. 19; Gove v. Varrell, 58 N. H. 78; Palmer v. Noyes, 45 N. H. 174, 178; Smith v. Railroad, 33 N. H. 337, 345; Edgerlyy. Sanborn, 6 N.H. 397. Wages for labor performed by the defendant after service upon the trustee are an exception. P. S., e. 245, s. 20. If the renewal commissions are payments for labor performed in placing' the original policy, the fund disclosed…
2Cases cited2 opinions
- Den v. HuffTennessee Supreme Court · 1847
- Edgerly v. SanbornSuperior Court of New Hampshire · 1833
3Cited by10 opinions
- Weinress v. BlandCourt of Chancery of Delaware · 1950
- Consumers United Insurance v. SmithDistrict of Columbia Court of Appeals · 1994
- Weinress v. BlandCourt of Chancery of Delaware · 1950
- Atlas Life Insurance Co. v. RoseSupreme Court of Oklahoma · 1946
- Grant County Service Bureau, Inc. v. TreweekWisconsin Supreme Court · 1963
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