J. &. J. H. Peck & Co. v. Merrill
Supreme Court of Vermont
Book Account, in which, the said Page, Lovewell, Sawyer, and Taplin, were summoned as the trustees of said Merrill, the principal debtor. The book account between the plaintiffs and defendant, Merrill, was referred to an auditor, who returned a report in favor of the plaintiffs, and judgment was rendered thereon, according to the report, for the plaintiffs.
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Book Account, in which, the said Page, Lovewell, Sawyer, and Taplin, were summoned as the trustees of said Merrill, the principal debtor. The book account between the plaintiffs and defendant, Merrill, was referred to an auditor, who returned a report in favor of the plaintiffs, and judgment was rendered thereon, according to the report, for the plaintiffs. At the June Term, 1853, of the Orange County Court, — Con-lamer, J., presiding, — before the hearing between the plaintiffs and trustees was commenced, it was shown to the court by the plaintiffs, that at the first meeting of the parties…
1Opinion of the Court
The opinion of the court was delivered by
Isham, J.
The plaintiffs having obtained judgment against the principal debtor, the inquiry now arises as tp the liability of the trustees on their disclosures. That question depends upon the validity of the written assignment, or transfer of property, which was made by John Merrill, to these trustees on the 9th day of August, 1851, for the purpose of securing them on various liabilities, which they had assumed for him. That instrument as well as the several mortgage deeds, executed by Mr. Merrill, on the 6th and 9th of August, of his real estate in the…
2Cases cited2 opinions
- Wood v. DudleySupreme Court of Vermont · 1836
- Meredith Manufacturing Co. v. SmithSuperior Court of New Hampshire · 1836
3Cited by5 opinions
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- Gage v. ChesebroWisconsin Supreme Court · 1880
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