Cahoon v. Morgan & Stearns
Supreme Court of Vermont
Trustee Process. Judgment was rendered for the plaintiff on the auditor’s report by the consent of parties — and the cause was heard at the June Term, 1865, Poland, Ch. J., presiding, upon the commissioner’s report, as to the trustee’s liability' — the court deciding that the trustee was not chargeable, and that the claimant was entitled to hold the funds in the trustee’s hands, — to which the plaintiff excepted.
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Trustee Process. Judgment was rendered for the plaintiff on the auditor’s report by the consent of parties — and the cause was heard at the June Term, 1865, Poland, Ch. J., presiding, upon the commissioner’s report, as to the trustee’s liability' — the court deciding that the trustee was not chargeable, and that the claimant was entitled to hold the funds in the trustee’s hands, — to which the plaintiff excepted. The facts found by the commissioner appointed to take the disclosure of the trustee were as follows : Unsettled differences existing between Bundy, the trustee, and Morgan, one of…
1Opinion of the Court
The opinion of the court was delivered by
Aldis, J,
1. The writ was not served upon the trustee by an *236officer, but tbe trustee accepted service by a writing on tbe back of tbe writ in tbe usual form. Tbe claimant insists, that such a service is not valid to hold the funds in the hands of the trustee as against a subsequent assignee. It is true that the trustee process is sometimes called “attaching a debt,” because it creates a lien upon the debt as attachment does upon personal property'. But the validity of the two kinds of lien rests on wholly different grounds. Attachment of personal…
2Cases cited1 opinion
- Wilder v. WeatherheadSupreme Court of Vermont · 1860
3Cited by9 opinions
- Bank of Commerce v. ElliottWisconsin Supreme Court · 1901
- Tootle v. ColemanCourt of Appeals for the Eighth Circuit · 1901
- Bristol v. BrentUtah Supreme Court · 1910
- Globe & Rutgers Fire Ins. Co. of New York v. BrownDistrict Court, W.D. Louisiana · 1931
- Southern Pacific Railroad v. LyonMississippi Supreme Court · 1911
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