Hutchins v. Hawley
Supreme Court of Vermont
The plaintiffs were creditors of the Greenoughs, and, as such, brought this suit. On the trial in the County Court, it appeared that Hawley had made his note to the Greenoughs, and that, before the commencement of this suit, they had, for a valuable consideration, assigned it to Peck, and with a full knowledge on the part of the latter, that they intended to abscond and leave their debts unpaid, and that they made the assignment to obtain money, for that purpose.
Read the full summary
The plaintiffs were creditors of the Greenoughs, and, as such, brought this suit. On the trial in the County Court, it appeared that Hawley had made his note to the Greenoughs, and that, before the commencement of this suit, they had, for a valuable consideration, assigned it to Peck, and with a full knowledge on the part of the latter, that they intended to abscond and leave their debts unpaid, and that they made the assignment to obtain money, for that purpose. Peck, however, had no knowledge of this particular debt. Upon these facts, the County Court adjudged that Hawley and Peck were,…
1Opinion of the Court
The opinion of the court was delivered by
Williams, Ch. J.
It appears that Hawley executed' a note to the Greenoughs, which is unpaid. That, before the commencement of this suit, Peck bad purchased the note of the Greenoughs, paid them the value thereof, and notified Hawley of the purchase. The plaintiff endeavors, in this suit, to holdHawley as trustee of the Greenoughs, on the ground that the purchase,- by Peck, of the note,, was fraudulent and done with.ah intent to enable the Greenoughs to defraud their creditors. If it is practicable to effect, this object in this action,, it will follow,…
2Cases cited1 opinion
- Jun v. LelandSupreme Court of Vermont · 1828
3Cited by3 opinions
- Wheeler v. WinnSupreme Court of Vermont · 1865
- People's Bank of Biloxi v. Smith Bros. & Co.Mississippi Supreme Court · 1898
- Weller v. WellerSupreme Court of Vermont · 1844