Denison v. Petrie
Supreme Court of Vermont
Trustee Process. The trustee filed his disclosure in the case, setting forth, substantially, the following facts. On the twenty third day of May, 1837, the principal debtor, Petrie, being about to remove out of the State, left with the trustee eleven promissory notes, signed by Elihu Woodward, all dated April 11, 1837, the first being for two hundred dollars, and payable in one year from date, and the remaining ten notes being for one hundred and fifty dollars each, and…
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Trustee Process. The trustee filed his disclosure in the case, setting forth, substantially, the following facts. On the twenty third day of May, 1837, the principal debtor, Petrie, being about to remove out of the State, left with the trustee eleven promissory notes, signed by Elihu Woodward, all dated April 11, 1837, the first being for two hundred dollars, and payable in one year from date, and the remaining ten notes being for one hundred and fifty dollars each, and payable, one in each year after the first note became due, until April 11, 1848; which notes were left with the trustee, for…
1Opinion of the Court
The opinion of the court was delivered by
Royce, J.
The question to be determined is, whether the trustee should be adjudged liable for the sum of two hundred and twenty nine dollars, received by him upon the notes of Woodward, which had been deposited in his hands by Petrie, the principal debtor. That payment was received after the notes had been sold by Petrie to Blood, but before notice of that sale to the trustee, and pending the trustee process. The notes were not negotiated to Blood in a legal and mercantile sense, but simply sold, whilst lying in the possession of English, a third…
2Cases cited3 opinions
- Jun v. LelandSupreme Court of Vermont · 1828
- Burke v. WhitcombSupreme Court of Vermont · 1841
- Hitchcock v. EgertonSupreme Court of Vermont · 1836
3Cited by1 opinion
- Morse v. StevensSupreme Court of Vermont · 1922