Preston v. Russell, Follensby & Co.
Supreme Court of Vermont
Assumpsit. Trial by court, at the June term, 1898, Caledonia County, Munson, J., presiding. Judgment for the plaintiff for $900.00 with interest from May 1, 1895. The defendants excepted.
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Assumpsit. Trial by court, at the June term, 1898, Caledonia County, Munson, J., presiding. Judgment for the plaintiff for $900.00 with interest from May 1, 1895. The defendants excepted. The finding of the court upon the subject of the arrangement between the insolvent, the defendants and Brooks Brothers, relating to the furnishing of the lumber and the giving and payment of orders, is in the following language: “In the fall- of 1894, as early as November 1st, Lachance took a contract to furnish the material and build a house for Brooks Brothers to cost about $3500, and told the defendants…
1Opinion of the CourtRoss, C. J.
The plaintiff, assignee of the insolvent's estate, seeks to recover $900 paid by the insolvent within four months before filing the petition to have him adjudged to be ■ *153an insolvent, to the defendants, under the following circumstances. The insolvent was a carpenter, and builder and the defendants were manufacturers and dealers in lumber. Hehad purchased the lumber for his building-operations, for some time, of the defendants. In the fall of 1894, the insolvent was indebted to the defendants for lumber furnished, was, in fact, insolvent, and was believed to be insolvent by the defendants.…
2Cases cited21 opinions
- Field v. . the Mayor, C. of New-YorkNew York Court of Appeals · 1852
- Brill v. . TuttleNew York Court of Appeals · 1880
- Lauer v. . DunnNew York Court of Appeals · 1889
- Blin v. PierceSupreme Court of Vermont · 1847
- Dalrymple v. . HillenbrandNew York Court of Appeals · 1875
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3Cited by3 opinions
- First Vermont Bank & Trust Co. v. Village of PoultneySupreme Court of Vermont · 1975
- Farmers Exchange v. Lowney Co.Supreme Court of Vermont · 1921
- McCandless v. CastleHawaii Supreme Court · 1909