Spring v. Ayer
Supreme Court of Vermont
Trustee Process. The trustee disclosed, that he was indebted to the principal defendant, at the time of the service of the trustee process, in .the sum of $94,17; and it also appeared, from his disclosure and other evidence in the case, that one Burt was indebted to Ayer, the principal defendant, in the sum of $500,00, and the trustee being indebted to Burt, and having some property of Burt in his possession, it was agreed between them, after the service of the trustee…
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Trustee Process. The trustee disclosed, that he was indebted to the principal defendant, at the time of the service of the trustee process, in .the sum of $94,17; and it also appeared, from his disclosure and other evidence in the case, that one Burt was indebted to Ayer, the principal defendant, in the sum of $500,00, and the trustee being indebted to Burt, and having some property of Burt in his possession, it was agreed between them, after the service of the trustee process, at the solicitation of Ayer, that the trustee should pay the amount due from Burt to Ayer; and he accordingly…
1Opinion of the Court
The opinion of the court was delivered by
Redfielb, J.
We entertain no doubt, that the trustee was properly adjudged liable for funds, which came in to his hands, intervening the service of the process and the judgment. It seems probable, that the parties entertained no such expectation, or they would not have made use of the trustee, as a vehicle of funds from Burt to the principal debtor. But their ignorance of the law can make no difference. The case shows very clearly, that the trustee did agree to pay a debt, which he owed to Burt, to Ayer, and did pay it. This made the money, which he…
2Cited by6 opinions
- Jarvis v. MitchellMassachusetts Supreme Judicial Court · 1868
- Seymour v. CooperSupreme Court of Vermont · 1853
- In re ShulerUnited States Bankruptcy Court, D. Vermont · 1990
- Northfield Trust Co. v. CuttingSupreme Court of Vermont · 1921
- Passumpsic Bank v. BeattieSupreme Court of Vermont · 1859
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