Patterson v. Smith
Supreme Court of Vermont
Trover and trespass for the conversion of certain personal property. Plea, the general issue. Trial by jury at the September term, 1893, Orleans county, Taft, J., presiding. . Verdict and judgment for the plaintiff. The defendants excepted, execution was stayed and the cause passed to the supreme court.
Read the full summary
Trover and trespass for the conversion of certain personal property. Plea, the general issue. Trial by jury at the September term, 1893, Orleans county, Taft, J., presiding. . Verdict and judgment for the plaintiff. The defendants excepted, execution was stayed and the cause passed to the supreme court. In that court, at .the January term, 1894, the defendants Connor and Kilgarlan filed a motion for a stay of proceedings for that they had, subsequently to the rendition of judgment in the county court, filed petitions in insolvency in the district of Orleans. The hearing in supreme court was…
1Opinion of the CourtMunson, J.
It is provided by R. L. 1800 that claims against an insolvent debtor for property wrongfully taken, withheld or converted may be proved as debts against his estate to the value of such property. It is provided by R. L. 1797 that from the filing of a petition in insolvency until the determination of the question of discharge, no creditor whose.debt is provable against the insolvent estate shall be allowed to prosecute to final judgment a suit therefor against the insolvent debtor, at law or in equity; and that any such suit shall, on the application of the debtor, if there has been no…
2Cases cited3 opinions
- Snow v. CarpenterSupreme Court of Vermont · 1882
- Tarbell v. DownerSupreme Court of Vermont · 1857
- Ruszits v. HilliardSupreme Court of Vermont · 1885
3Cited by4 opinions
- Barton National Bank v. AtkinsSupreme Court of Vermont · 1899
- Rich v. HolmesSupreme Court of Vermont · 1932
- In Re WaterhouseSupreme Court of Vermont · 1965
- Paterson v. SmithSupreme Court of Vermont · 1900