Sanborn v. Ward

Supreme Court of New Hampshire
Sanborn v. Ward, 6 A. 35 (N.H. 1886)
64 N.H. 611
Carpenter, Bingham

Sanborn v. Ward

Opinion of the Court

Carpenter, J.

It does not appear that the Norway Plains Co. were indebted to the defendant at the time of the service of the writ, and they are not chargeable on account of the labor subsequently performed by the defendant. G. L., c. 249, s. 40. Sayward & Co. cannot be charged, because it is not shown that they have ever been indebted to the defendant. There is no finding, and no evidence, of fraud. The question whether the assignment (it being of funds exempt from attachment) could be fraudulent as against creditors (Currier v. Sutherland, 54 N. H. 475), or whether it is invalid for any cause, is not raised.

Trustees discharged.

Bingham, J., did not sit: the others concurred.

Reference

Full Case Name
Sanborn v. Ward & Trs. and Sayward & A., Claimants
Status
Published