Legal Opinion

National Union Bank v. Brainerd

Supreme Court of Vermont

Decided July 1, 1893PublishedCited by 3 opinions

Assumpsit. Heard at the September term, 1892, Thompson, J., presiding, upon the report of a commissioner. Judgment for the plaintiff against the defendant, A. O. Brainerd. Hatch was adjudged liable as trustee in the sum of $11.75 and was denied his costs. Stone & Son were adjudged liable as trustees for $442.31 and interest; and Phelps was adjudged liable as trustee in the sum of $500 and interest.

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Assumpsit. Heard at the September term, 1892, Thompson, J., presiding, upon the report of a commissioner. Judgment for the plaintiff against the defendant, A. O. Brainerd. Hatch was adjudged liable as trustee in the sum of $11.75 and was denied his costs. Stone & Son were adjudged liable as trustees for $442.31 and interest; and Phelps was adjudged liable as trustee in the sum of $500 and interest. It was adjudged that the funds in the hands of Stone & Son and Phelps did not belong to the claimants, Brainerd & Hatch. The plaintiff was denied costs as against the claimants. To the action of…

1Opinion of the Court

The opinion of the court was delivered by

ROWELL, J.

One who holds a deed of another’s land merely as a cover to cheat the owner’s creditors,- is not *299thereby chargeable as his trustee, for the land is not “ effects” in his hands or possession, nor its value a “ credit,”' and there is no indebtedness to constitute a “ credit.” In such case the land is attachable in the ordinary way, but if' the grantee should be held chargable with its value, he-might, after having paid that value to one creditor, have the land taken from him by another creditor, and thus lose it. after having paid for it.…

2Cases cited10 opinions

  1. Prout v. VaughnSupreme Court of Vermont · 1880
  2. Woodward v. WymanSupreme Court of Vermont · 1881
  3. Bartlett v. WoodSupreme Court of Vermont · 1859
  4. Hunter v. CaseSupreme Court of Vermont · 1848
  5. How v. FieldMassachusetts Supreme Judicial Court · 1809

5 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Gore v. BruckerWisconsin Supreme Court · 1896
  2. Clark v. BakerSupreme Court of Rhode Island · 1925
  3. Hueckel v. HardyVermont Superior Court · 2014

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