National Union Bank v. Brainerd
Supreme Court of Vermont
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
- Prout v. VaughnSupreme Court of Vermont · 1880
- Woodward v. WymanSupreme Court of Vermont · 1881
- Bartlett v. WoodSupreme Court of Vermont · 1859
- Hunter v. CaseSupreme Court of Vermont · 1848
- How v. FieldMassachusetts Supreme Judicial Court · 1809
5 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Gore v. BruckerWisconsin Supreme Court · 1896
- Clark v. BakerSupreme Court of Rhode Island · 1925
- Hueckel v. HardyVermont Superior Court · 2014