Nichols v. Hooper
Supreme Court of Vermont
This was an action of general assumpsit, heard before the Municipal Court for the village of Rutland, September 3, 1888, Lawrence, J. Plea, the general issue, and trial by the court. The plaintiff sought to recover the amount of a promissory note, executed and made payable in the State of New York. The parties were all residents of the State of New York, except the trustee. The “writ was served on the trustee July 27th.
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This was an action of general assumpsit, heard before the Municipal Court for the village of Rutland, September 3, 1888, Lawrence, J. Plea, the general issue, and trial by the court. The plaintiff sought to recover the amount of a promissory note, executed and made payable in the State of New York. The parties were all residents of the State of New York, except the trustee. The “writ was served on the trustee July 27th. On the 24th day of July the debt due from the trustee had been assigned by the defendant to S. C. Hooper, claimant in this suit, but the trustee did not receive notice of this…
1Opinion of the Court
*297The opinion of the court was delivered by
Tart, J.
The plaintiff, defendant and claimants reside in New York ; the debt the plaintiff is seeking to recover, and the one due the principal defendant from the trustee, were contracted, and, in law, are payable in New York. The trustee resides in this State and can be held liable, although the parties reside elsewhere, and the debt was contracted and payable elsewhere. Towle v. Wilder, 57 Vt. 622, is cited by claimants. No opinion was written ; we do not know upon what point the case turned, and see no reason for following it. . The claimants…
2Cases cited1 opinion
- Towle v. WilderSupreme Court of Vermont · 1885
3Cited by7 opinions
- Lancashire Insurance v. CorbettsIllinois Supreme Court · 1897
- Weinress v. BlandCourt of Chancery of Delaware · 1950
- Weinress v. BlandCourt of Chancery of Delaware · 1950
- Cross v. Brown, Steese & ClarkeSupreme Court of Rhode Island · 1895
- Hawley v. HurdSupreme Court of Vermont · 1900
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