Legal Opinion

Hazen v. Lyndonyille National Bank

Supreme Court of Vermont

Decided May 15, 1898PublishedCited by 18 opinions

Chancery. For hearing on pleadings, master’s report and defendant’s exceptions thereto, at the December Term, 1897, Caledonia County, before Thompson, Chancellor. Proforma decree that the defendant’s exceptions be overruled and the orators recover of the defendant bank $5576.49, and interest from December 28, 1894, with costs, and that as to the other defendants the bill be dismissed. Both parties appealed.

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Chancery. For hearing on pleadings, master’s report and defendant’s exceptions thereto, at the December Term, 1897, Caledonia County, before Thompson, Chancellor. Proforma decree that the defendant’s exceptions be overruled and the orators recover of the defendant bank $5576.49, and interest from December 28, 1894, with costs, and that as to the other defendants the bill be dismissed. Both parties appealed. The attachment in New Mexico was made before the deed of assignment to the orators was executed here. This was not a voluntary assignment by the debtor, but an involuntary proceeding under…

1Opinion of the CourtThompson, J.

October 28, 1893, H. E. Folsom was an insolvent debtor, and had been for some time prior thereto. His insolvency was then known to the defendants. On the date named, a creditor’s petition, praying to have Folsom adjudged an insolvent debtor, was filed in the court of insolvency for the district of Caledonia, and such proceedings were had thereon that he was regularly adjudged an insolvent debtor by that court, November 14, 1893. November 24, 1893, the orators were duly elected assignees of his estate, and accepted the trust, gave bonds for the faithful performance of the duties thereof, and…

2Cases cited20 opinions

  1. County of Mobile v. KimballSupreme Court of the United States · 1881
  2. Cole v. CunninghamSupreme Court of the United States · 1890
  3. Pacific National Bank v. MixterSupreme Court of the United States · 1888
  4. Holmes, Booth & Haydens v. Holmes, Booth & Atwood Manufacturing Co.Supreme Court of Connecticut · 1870
  5. Milkman v. OrdwayMassachusetts Supreme Judicial Court · 1870

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3Cited by18 opinions

  1. Sprinkle v. Wellborn.Supreme Court of North Carolina · 1905
  2. Thompson v. SmithSupreme Court of Vermont · 1957
  3. In re CoteSupreme Court of Vermont · 1918
  4. General Finance Corporation v. Keystone Credit Corp.Court of Appeals for the Fourth Circuit · 1931
  5. Pritchard v. SmithSupreme Court of North Carolina · 1912

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