Kimball v. Gay & Edwards
Supreme Court of Vermont
Trustee process. The questions in the case arose between the plaintiff and the claimant. The trustee disclosed that, on the 6th day of Jan. 1843, he executed and delivered to the principal debtors his promissory note for $400, payable to their order, ninety days after date, at the Bank of Burlington; and that he had never received any notice of the transfer of the note until after the commencement of the present trustee suit.
Read the full summary
Trustee process. The questions in the case arose between the plaintiff and the claimant. The trustee disclosed that, on the 6th day of Jan. 1843, he executed and delivered to the principal debtors his promissory note for $400, payable to their order, ninety days after date, at the Bank of Burlington; and that he had never received any notice of the transfer of the note until after the commencement of the present trustee suit. The claimants proved that the note was discounted by them, in the usual course of business, Jan. 20,1843, and had remained from that time their property, and produced…
1Opinion of the Court
Williams, Ch. J.,
after stating the disclosure and the bill of exceptions delivered the opinion of the court. Without repeating the statutes of 1841, which subjected to the trustee process all negotiable, paper, whether under or over due, unless the same had not only been negotiated, but notice thereof given before the service of the process, we cannot disturb the judgment of the county court. No reference is made in the statute as to where the note may be negotiated, at what place it may be payable, or the convenience, or inconvenience, to which persons may be subjected. The note in question…
2Cited by2 opinions
- State v. JurrasSupreme Court of Vermont · 1923
- Wilkinson v. HallMassachusetts Supreme Judicial Court · 1856