Sanborn v. Ward

Supreme Court of New Hampshire

Sanborn v. Ward

6 A. 35, 64 N.H. 611

DecidedJune 5, 1886

StatusPublished

This text of 6 A. 35 (Sanborn v. Ward) is published on Counsel Stack Legal Research, covering Supreme Court of New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Sanborn v. Ward, 6 A. 35, 64 N.H. 611 (N.H. 1886).

Pincite

Opinion

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.

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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.

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Bluebook (online)

6 A. 35, 64 N.H. 611, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sanborn-v-ward-nh-1886.