Britton v. Preston
Supreme Court of Vermont
This was a trustee' process. The County court adjudged Preston to be trustee of Langley, to which Preston excepted. The facts of the case sufficiently appear in the opinion of the-court. That the transfer of the notes in question from Langley to Moore was bona fider and for a good consideration, has not heretofore, and it is presumed, will not now be questioned.
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This was a trustee' process. The County court adjudged Preston to be trustee of Langley, to which Preston excepted. The facts of the case sufficiently appear in the opinion of the-court. That the transfer of the notes in question from Langley to Moore was bona fider and for a good consideration, has not heretofore, and it is presumed, will not now be questioned. The-evidence is full and clear that the notes-were delivered to secure the payment of a debt, due from the former to the latter, and were there no evidence in the case, other than the trustee’s disclosure, the court would presume the…
1Opinion of the Court
The opinion of tne court was delivered by
Phelps, J.
The note of Preston, which is the object of this process, appears to have been made payable, originally, to one Smith, was endorsed by him to Langley, the principal debtor, and subsequently by Langley to Moore. Notice was duly given to Preston of the first transfer, but no notice was given to him of the latter transfer, until after the service of this process, although the transfer took place before the attachment. Under these circumstances the question is raised,, whether notice to Preston is essential to complete the .transfer, or whether…
2Cases cited1 opinion
- Green v. GilletSupreme Court of Connecticut · 1813
3Cited by3 opinions
- Seward v. GarlinSupreme Court of Vermont · 1861
- Emerson v. PatridgeSupreme Court of Vermont · 1854
- Downer v. TarbellSupreme Court of Vermont · 1859