Downer v. Tarbell
Supreme Court of Vermont
Trustee Process. The facts in the case are sufficiently stated in the opinion of the court. The county court at the May term, 1858, Redfield Ch. J. presiding, adjudged the trustee liable for the amount of the note in question, after deducting the sum due from Tarbell to Keith, Hyde & Co., to which the claimant excepted.
1Opinion of the Court
Barrett J.
The only question to be decided is, whether the claimant is entitled to hold, as against the plaintiff, the note given by Kelsey to Tarbell, and by Tarbell sold and endorsed to the claimant. The rights of Keith, Hyde & Co., as claimants against the plaintiff, have already been adjudicated, and nó controversy as yet exists between them and the present claimant touching their respective rights in regard to the note.
A comprehensive summary of the facts is, that Kelsey, the trustee, on the 15th day of March, 1854, gave to Tarbell the note in question payable on demand. The consideration…
2Cases cited2 opinions
- D. Fay & Co. v. SmithSupreme Court of Vermont · 1853
- Britton v. PrestonSupreme Court of Vermont · 1837
3Cited by3 opinions
- Claflin v. KimballSupreme Court of Vermont · 1879
- Morse v. StevensSupreme Court of Vermont · 1922
- Sargent v. WoodSupreme Court of Vermont · 1879