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59 N.H. 137

Willard v. Decatur

Supreme Court of New Hampshire

Decided June 5, 1879

Supreme Court of New Hampshire · decided 1879-06-05

Foreign Attachment. Decatur, the principal defendant, and one Sullivan, being partners, Decatur filed a bill in equity against Sullivan for a dissolution of the partnership and a settlement of the partnership business, and the trustee was appointed a receiver to take possession of, hold, and collect the partnership property and effects during the pendency of the bill in equity.

Relies on Adams v. Barrett · Woodbridge v. Morse · Palmer v. Noyes

Good law ✅— No negative treatment on recordhow we know

Decided 1879-06-05

How this case has been cited

Cited by 7 later decisions — most recently December 1966

7 state decisions

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Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Clark, J.

¶1 A creditor of an individual partner may avail himself of the interest of such partner in the partnership funds by proceedings in equity to wind up the partnership affairs. Treadwell v. Brown, 41 N. H. 12. In the present case the partnership affairs have been adjusted, and the trustee holds in his hands money adjudged to belong to the principal defendant. The proceedings in the equity suit cannot be embarrassed by the trustee process. Our statute, authorizing the attachment of the goods, chattels, rights, and credits of the principal defendant in the hands and possession of a trustee, has been held to be sufficiently broad to charge administrators, executors, guardians of insane persons, after settlement of their accounts, and sheriffs for money collected on execution in favor of the principal defendant; and we see no reason why the trustee should not be charged in this case. Palmer v. Noyes, *138 45 N. H. 174; Adams v. Barrett, 2 N. H. 374; Davis v. Drew, 6 N. H. 399, 400; Woodbridge v. Morse, 5 N. H. 519.

¶2 Trustee charged.

Stanley, J., did not sit: tbe others concurred.
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