Haselton v. Monroe

Gilchrist, J. The demurrer must prevail. The debtor who has been summoned as trustee for the whole amount which he owes the party made defendant in the trustee suit, cannot, while he remains liable to be charged in that suit, be called on by his creditor. This was said in Burnham v. Folsom, 5 N. H. Rep. 568, and is the language of the cases there cited, and of a still earlier one in Calthrop’s Cases under the Customs of London 33, Haydon v. Shink. Judgment for the defendant on the demurrer.