Head & Dowst Co. v. New England Breeders' Club
| Decision Date | 08 May 1908 |
| Citation | 70 A. 248,74 N.H. 605 |
| Parties | HEAD & DOWST CO. v. NEW ENGLAND BREEDERS' CLUB. |
| Court | New Hampshire Supreme Court |
Exceptions from Superior Court.
Action by the Head & Dowst Company against the New England Breeders' Club to enforce a builder's lien. Transferred from the superior court upon exceptions at the trial. Exceptions overruled.
The New England Breeders' Club did not appear at the trial, but the case was defended by an assignee appointed in proceedings under the state insolvency statute. When the case came on for argument, it appeared that the assignee in insolvency had surrendered the property to a trustee appointed in proceedings in bankruptcy under the federal statute, and had been discharged as assignee. The trustee in bankruptcy had notice of the proceedings. Neither he nor the defendants of record appearing to sustain the exceptions, they were overruled, without consideration.
Burnham, Brown, Jones & Warren, for plaintiffs.
Henry F. Hollis, amicus curias.
Exceptions overruled.
PEASLEE, J., did not sit.
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Head & Dowst Co. v. New England Breeders' Club
...pendency of the suit. Thereafter, the trustee declining to appear, the exceptions were overruled as upon default Head & Dowst Co. v. Breeders' Club, 74 N. H. 605, 70 Atl. 248. At the February session, 1910, the trustee appeared, moved to have the order made at the May session, 1908, stricke......
- Walker v. Chessman