Rix v. Elliot
NATHANIEL RIX versus NICHOLAS ELLIOT, TRUSTEE OF S. NOYES
Rix v. Elliot, 1 N.H. 184 (1818)
Headnotes
When A. and B. are the joint debtors of C., A. cannot be held as the trustee of C. without joining B.
Summary
THE only question in this case was, whether Elliot could be adjudged the trustee of Noyes in this suit, he being indebted jointly and severally with one E. Sawyer : and not otherwise indebted to Noyes.
On the behalf of the trustee it was objected, that Sawyer ought to have been joined in this process. 6 Mass. 60, Jewell vs. Baton.
Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.
Opinion of the Court
Text extracted by OCR from a scanned original; check the original for exact wording.
Per curiam.
It has often been decided in this state, that where there are several joint debtors, they must all be joined in this process.
The trustee must he discharged.
How later courts describe this case
No later court has written an explanatory parenthetical about this case yet.
Cited by 3 cases
View all citing references →Relies on it most ⓘ
Most recent
Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.