Barney v. Douglass
Supreme Court of Vermont
Trustee Process. It appeared that Hunt, who was summoned as trustee, executed a negotiable promissory note to Douglass, the principal defendant, bearing date September 14, 1843,,and payable in sixty days; that on the twenty first day of September, 1843, Douglass, in good faith and for a valuable consideration, indorsed the note to Shephard, — who now appeared as claimant in the case; that on the fourteenth day of November, 1843, service of the writ in this case was duly made…
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Trustee Process. It appeared that Hunt, who was summoned as trustee, executed a negotiable promissory note to Douglass, the principal defendant, bearing date September 14, 1843,,and payable in sixty days; that on the twenty first day of September, 1843, Douglass, in good faith and for a valuable consideration, indorsed the note to Shephard, — who now appeared as claimant in the case; that on the fourteenth day of November, 1843, service of the writ in this case was duly made upon the trustee, in his absence from the state, by leaving a copy at his house; -that on the twenty eighth day of…
1Opinion of the Court
The opinion of the court was delivered .by
Royce, Ch. J.
In this case, judgment having passed against the principal defendant, and the trustee having admitted himself indebted upon a negotiable promissory note executed by him to the principal defendant, one Shephard appeared and interposed his claim to the note; — and the validity of that claim, as against Barney, the attaching creditor, is the. only matter to be now determined.
The case finds, upon the disclosure and other evidence, that the note was indorsed in good faith, and for sufficient consideration, by Douglass to Shephard, before the…
2Cases cited2 opinions
- Moar v. WrightSupreme Court of Vermont · 1826
- Bucklin v. WardSupreme Court of Vermont · 1835
3Cited by4 opinions
- M. Ward & Co. v. MorrisonSupreme Court of Vermont · 1853
- Emerson v. PatridgeSupreme Court of Vermont · 1854
- Phelps v. HoldenSupreme Court of Vermont · 1934
- Wilkinson v. HallMassachusetts Supreme Judicial Court · 1856