Legal Opinion

Claflin v. Kimball

Supreme Court of Vermont

Decided August 15, 1879PublishedCited by 2 opinions

Trustee Process. A commissioner was appointed, who reported the following facts: In-July, 1875, the defendant, who had become financially embarrassed in the performance of a contract with the Central Vermont Railroad Company for grading, bridging, fencing, &c., on the line of the White River & Montpelier Railroad, and was being sued by certain of his workmen, applied to George Nichols and George M. Fisk for assistance; and Nichols and Fisk, believing money to be due to him…

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Trustee Process. A commissioner was appointed, who reported the following facts: In-July, 1875, the defendant, who had become financially embarrassed in the performance of a contract with the Central Vermont Railroad Company for grading, bridging, fencing, &c., on the line of the White River & Montpelier Railroad, and was being sued by certain of his workmen, applied to George Nichols and George M. Fisk for assistance; and Nichols and Fisk, believing money to be due to him under his contract, although there was a dispute between him and the company in regard to the amount, signed with others…

1Opinion of the Court

The opinion of the court was delivered by

Ross J.

The defendant, July 25, 1875, sold, transferred, and assigned to the trustees, Nichols and Eisk, all money due him from the trustee, the Central Vermont Railroad Company, to secure them for what he owed them, or either of them, or should thereafter owe them, and to pay the debts therein specified to the Northfield Savings Bank and to Thayer. It gave them “ full control and management of said money”, and the use of the defendant’s name in suit or suits for the same. Of this the railroad company were duly notified. .No question is made but that…

2Cases cited6 opinions

  1. Noyes v. BrownSupreme Court of Vermont · 1860
  2. Spafford v. PageSupreme Court of Vermont · 1843
  3. D. Fay & Co. v. SmithSupreme Court of Vermont · 1853
  4. McGregor v. J. D. Chase & SonsSupreme Court of Vermont · 1864
  5. Downer v. TarbellSupreme Court of Vermont · 1859

1 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Burditt Bros. v. PorterSupreme Court of Vermont · 1891
  2. Preston v. Russell, Follensby & Co.Supreme Court of Vermont · 1899

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