Legal Opinion

West v. Bank of Rutland

Supreme Court of Vermont

Decided March 15, 1847PublishedCited by 24 opinions

Appeal .from the court of chancery. This was a creditor’s bill, brought by the orator, in behalf of himself and others who might join with him, creditors of one Don Lovell, deceased, insolvent; and the orator, after settingforth his own claim, as creditor, alleged, in substance, that Lovell, in his life time, together with Samuel W. Porter and David Brown, for the benefit and at the request of the Village Falls Manufacturing Company, a corporation doing business in…

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Appeal .from the court of chancery. This was a creditor’s bill, brought by the orator, in behalf of himself and others who might join with him, creditors of one Don Lovell, deceased, insolvent; and the orator, after settingforth his own claim, as creditor, alleged, in substance, that Lovell, in his life time, together with Samuel W. Porter and David Brown, for the benefit and at the request of the Village Falls Manufacturing Company, a corporation doing business in Springfield, signed certain notes to the bank of Rutland, and to the Bank o.f Manchester, and also a nóte to the defendants,…

1Opinion of the Court

The opinion of the court was delivered by

Redfield, J.

The subject of marshalling securities and assets is one of very frequent recurrence in courts of equity, and is sometimes attended with no inconsiderable difficulty.

In regard to the proper parties in the present suit I have not deemed it important to spend much time. All the parties interested in the subject matter being before the court, if a proper case is made *408out for the interference of a court of equity, we would hot ordinarily order the suit dismissed in that court on account of any mere informality in the position, in which the…

2Cited by24 opinions

  1. Harrigan v. GilchristWisconsin Supreme Court · 1904
  2. Chemical Nat. Bank v. ArmstrongCourt of Appeals for the Sixth Circuit · 1893
  3. People v. E. Remington & SonsNew York Court of Appeals · 1890
  4. Tod v. Kentucky Union Land Co.U.S. Circuit Court for the District of Kentucky · 1893
  5. Third National Bank v. HaugMichigan Supreme Court · 1890

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