Roberts v. Norcross
Supreme Court of New Hampshire
Forei&n Attachment. Issue between the plaintiff and claimants. Facts found by a referee. May 12, 1897, the defendants, Norcross, Mellen & Co., who are residents of Massachusetts, made an assignment of their property for the benefit of their creditors to the claimants in this suit.
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Forei&n Attachment. Issue between the plaintiff and claimants. Facts found by a referee. May 12, 1897, the defendants, Norcross, Mellen & Co., who are residents of Massachusetts, made an assignment of their property for the benefit of their creditors to the claimants in this suit. The assignment provided that “ no creditor shall be deemed a party to this agreement or entitled to the benefits of its provisions who fails to assent in writing . . . within ninety days, . . . but such assent may be expressed either by signing these presents or by signing other writing expressing assent.” The…
1Opinion of the CourtPeaslee, J.
“ This is an equitable proceeding. In the absencé of fraud, a trustee can be charged for only what, at the time of service or afterwards, is equitably due to the defendant.” Carter v. Webster, 65 N. H. 17, 19; Tucker v. Chick, 67 N. H. 77, 79; Forist v. Bellows, 59 N. H. 229, 231, 232. “Foreign attachment cannot change the nature of the contract between the trustee and the defendants.” Nat’l Revere Bank v. Shoe Fastening Co., 67 N. H. 371, 374.
The oral assents, accompanied by agreements to assent in writing, furnished a sufficient consideration to make the trust agreement binding. Wheeler v.…
2Cases cited5 opinions
- Cole v. CunninghamSupreme Court of the United States · 1890
- Hallgarten v. OldhamMassachusetts Supreme Judicial Court · 1883
- Barnett v. KinneySupreme Court of the United States · 1893
- Frank v. BobbittMassachusetts Supreme Judicial Court · 1891
- Sawyer v. LevyMassachusetts Supreme Judicial Court · 1894
3Cited by3 opinions
- Schoenwald v. McDonaldDistrict Court, D. Alaska · 1916
- White v. Fernald-Woodward Co.Supreme Court of New Hampshire · 1910
- White v. Fernald-Woodward Co.Supreme Court of New Hampshire · 1911