Legal Opinion

Webster v. Moranville

Supreme Court of Vermont

Decided August 15, 1858PublishedCited by 4 opinions

Trustee Process. The facts are stated in the opinion of the court. The county court at the June Term, 1858, — Poland, J., presiding, — adjudged the trustee liable for the amount of the note in question, to which decision the claimants excepted.

1Opinion of the Court

*702The opinion of the court was delivered by

Aldis, J.

The forty-fifth section of the thirty-second chapter of the Compiled Statutes enacts that “ all negotiable paper, whether under or overdue, may be attached by the trustee process, unless the same had been negotiated and notice thereof given to the maker, or the endorser, before the service of the trustee process on him.” It further provides, that either of the parties to the trustee process may raise the question of the validity of the sale or assignment, and “ the person or persons who gave such notice of sale or assignment to him or them,…

2Cases cited2 opinions

  1. Downer v. MarshSupreme Court of Vermont · 1856
  2. J. & J. H. Peck & Co. v. WaltonSupreme Court of Vermont · 1852

3Cited by4 opinions

  1. Wolcott v. MongeonSupreme Court of Vermont · 1914
  2. Perrin v. RussellSupreme Court of Vermont · 1860
  3. Preston v. Russell, Follensby & Co.Supreme Court of Vermont · 1899
  4. Farmers' & Mechanics' Bank v. DrurySupreme Court of Vermont · 1863

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