Legal Opinion

Chandler v. Warren

Supreme Court of Vermont

Decided February 15, 1858PublishedCited by 2 opinions

Debt upon a judgment. The declaration set forth that one Britnell, at the June Term, 1851, of the supreme court in Windsor county, recovered a judgment against Amos Warren and Paul Howe, for three hundred and fifty-eight dollars and sixty cents debt, and one hundred and seventy-two dollars damages, and fifty-two dollars and eighty cents costs; and also recovered judgment in the same suit against the defendant Amos W. Warren, who was summoned therein as trustee of Amos…

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Debt upon a judgment. The declaration set forth that one Britnell, at the June Term, 1851, of the supreme court in Windsor county, recovered a judgment against Amos Warren and Paul Howe, for three hundred and fifty-eight dollars and sixty cents debt, and one hundred and seventy-two dollars damages, and fifty-two dollars and eighty cents costs; and also recovered judgment in the same suit against the defendant Amos W. Warren, who was summoned therein as trustee of Amos Warren, in the sum of eight hundred, and fifty-one dollars and sixty-one cents, “ as by the record thereof, now remaining in…

1Opinion of the Court

The opinion of the court was delivered by

Barrett, J.

This case presents the important and somewhat novel question, whether an action of debt can be maintained on a judgment against a trustee, for a sum of money payable in presentí.

In several cases, the subject of proceedings, to enforce judgments against trustees, has been before the court, and in various aspects under the then existing laws, it has been adjudicated by the *512court and discussed by the judges in drawing up the opinions.

The case of Rice et al. v. Tallmadge and trustee, 20 Vt. 378, arose under the law of 1797. In that case it was…

2Cases cited4 opinions

  1. Sawyer v. VilasSupreme Court of Vermont · 1846
  2. Gibson v. DavisSupreme Court of Vermont · 1850
  3. Rice v. TalmadgeSupreme Court of Vermont · 1848
  4. Todd v. DarlingSupreme Judicial Court of Maine · 1833

3Cited by2 opinions

  1. Davidson v. NebakerIndiana Supreme Court · 1863
  2. Hamilton v. WilderSupreme Court of Vermont · 1859

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