Legal Opinion

Fenton v. Garlick

New York Supreme Court

Decided August 15, 1811PublishedCited by 17 opinions

THIS was an action of debt on a judgment obtained ^ s£ate Vermont. , From an authenticated copy 0f the record of the proceedings in Vermont, it appeared, that Ramsdall, in September, 1803, brought an action in ’ 1 . the county court of Addison county, against Seth Gar-as trustee of Samuel Garlick, an absconding or concealed debtor, for 77 dollars and 15 cents, of debt, on a judgment obtained by Ramsdall against Samuel Garlick, in March, 1803, alleging that Seth Garlick had…

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THIS was an action of debt on a judgment obtained ^ s£ate Vermont. , From an authenticated copy 0f the record of the proceedings in Vermont, it appeared, that Ramsdall, in September, 1803, brought an action in ’ 1 . the county court of Addison county, against Seth Gar-as trustee of Samuel Garlick, an absconding or concealed debtor, for 77 dollars and 15 cents, of debt, on a judgment obtained by Ramsdall against Samuel Garlick, in March, 1803, alleging that Seth Garlick had in his possession money, goods, chattels, rights and credits of Samuel Garlick, to the value of 300 dollars; and the said…

1Per curiam

This was an action of debt on a judgment obtained in Vermont against the defendant, as trustee of Samuel Garlick. The judgment was in the nature of one founded on the suggestion of a devastavit committed by the defendant, in the character of trustee, and against such a charge he was entitled to be heard. The mere fact of his having formerly had assets or moneys of Samuel Garlick in his hands, was not sufficient to authorize a judgment against his own property, in his individual capacity, until opportunity had been given to him to show in what manner he had disposed of those assets. This…

2Cited by17 opinions

  1. Williamson v. BerrySupreme Court of the United States · 1850
  2. Baker v. Baker, Eccles & Co.Supreme Court of the United States · 1917
  3. Dearing v. Bank of CharlestonSupreme Court of Georgia · 1848
  4. Martin v. Central Vermont R. Co.New York Supreme Court · 1888
  5. Peck v. CookNew York Supreme Court · 1863

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