Abbott v. Smith

• Decision Date: 15 July 1887
• Citation: 64 N.H. 615,10 A. 817
• Parties: ABBOTT v. SMITH and others.
• Court: New Hampshire Supreme Court

10 A. 817

64 N.H. 615

ABBOTT

v. SMITH and others.¹

Supreme Court of New Hampshire. Hillsborough.

July 15 1887.

Reserved case from Hillsborough county; Smith, Judge. Garnishment. Issue between the plaintiff and the claimants of the funds in the hands of the trustees. On exceptions by the

Osgood & Presaott, for plaintiff. J. H. Andrews, for claimants.

BINGHAM, J. The sum due the defendant for his labor at the date of the service of the writ was less than $20. It does not appear that the claim on which the suit is founded is for necessaries. The trustees are not chargeable regardless of the question of the validity of the assignment. Gen. Laws, c. 249, § 40. Exceptions overruled.

DOE, C. J., and Smith, J., did not sit. The others concurred.

1 Reported by R. E. Walker, Esq., of the Concord bar.