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69 N.H. 646

46 A 1049

Bixby v. Whitcomb

Supreme Court of New Hampshire

Decided June 5, 1899

Supreme Court of New Hampshire · decided 1899-06-05

Foreign Attachment. Issue between the plaintiff and trustee. Trial by the court. The defendants built a house for the trustee under contract. After the writ was served upon her, and before the taking of her disclosure, she paid fromi funds belonging to them, upon orders given by the workmen,, more than the amount for which the plaintiff claims to hold her-RS trustee.

Cited by 1 later decisions (1 by the Supreme Court) — most recently January 1914

Relies on Eastman v. Newman

Good law ✅— No negative treatment on recordhow we know

Decided 1899-06-05

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Parsons, J.

¶1 The defendants’ workmen, performing labor upon the trustee’s house for the contractor, acquired no lien thereon for services performed prior to notice to her of an intention to claim such lien. P. S., c. 141, s. 13; Eastman v. Newman, 59 N. H. 581. As the payments on their orders were made from funds belonging to the defendants, this would authorize a finding that the trustee had in her hands money due the defendants upon which the workmen to whom it was paid had mo. legal claim, and therefore the trustee was properly charged'.

¶2 Kxception overruled,,

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