Dow v. Taylor
Supreme Court of Vermont
Trustee Process. Heard upon commissioner’s report and exceptions thereto, at the June term, 1898, Orange county, Start, J., presiding. Trustee adjudged liable. The trustee and claimant excepted. The order directed the payment to the claimant of all the defendant’s wages then due and afterward to become due while in the employ of the trustee.
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Trustee Process. Heard upon commissioner’s report and exceptions thereto, at the June term, 1898, Orange county, Start, J., presiding. Trustee adjudged liable. The trustee and claimant excepted. The order directed the payment to the claimant of all the defendant’s wages then due and afterward to become due while in the employ of the trustee. In the course of the examination of the claimant, counsel for the plaintiff, under exception, propounded various questions touching the nature of the consideration for the assignment and the intention of the parties in respect thereto, upon the answers to…
1Opinion of the CourtWatson, J.
The plaintiff contended before the commissioner that the order was given by the defendant to the claimant in fraud of creditors and, therefore, as against attaching creditors by trustee process, invalid. As bearing upon this question, the cross-examination of the claimant by the plaintiff’s counsel, was proper. The claimant, by procuring the trustee’s acceptance of the order and lodging the same in its office, notified the trustee of the assignment of the demand due from it, here sought to be held by the claimant. The validity of that assignment was brought in question by the plaintiff, and,…
2Cases cited5 opinions
- Shelley v. BootheSupreme Court of Missouri · 1880
- Baldwin v. . ShortNew York Court of Appeals · 1891
- Woodruff v. HinmanSupreme Court of Vermont · 1839
- Roberts v. BarnesSupreme Court of Missouri · 1895
- Wheeler v. WinnSupreme Court of Vermont · 1865
3Cited by3 opinions
- State v. BarnettSupreme Court of Vermont · 1939
- Raithel Et Ux. v. HallSupreme Court of Vermont · 1925
- Peck v. MonahanSupreme Court of Vermont · 1914