69 N.H. 428
Perkins v. Quint
Supreme Court of New Hampshire · decided 1898-12-05
<p>Jurisdiction of claims against an insolvent debtor, acquired by the probate court upon institution of insolvency proceedings, is not affected by a subsequent assignment to a non-resident; and a discharge of the debtor applies to all claims of which the court had jurisdiction at the time such proceedings were begun.</p> <p>Assumpsit, in the first action upon a promissory note, payable to Quint and by him indorsed to Hobson, and in the second action for items of account originally due to Hobson. Pacts found by the court.</p> <p>Quint filed a petition as an insolvent debtor in March, 1895, and Hobson had due notice of the proceedings. October 17 or 18, Hobson for a valuable consideration assigned and delivered tbe note and account to Perkins, who had no knowledge of the insolvency proceedings.' October 32, Quint filed a composition agreement and entitled himself to a discharge, which was granted November 15. Hobson and Quint reside in this state, and Perkins in the state of Maine.</p>
Relies on John Clarke Administrator of Willard Wetmore v. Henry Mathewson · Tapley v. Martin
Decided 1898-12-05