Gallup v. Smith
Supreme Court of Connecticut
Action by the plaintiff as trustee of the assigned estate of an insolvent debtor, to recover for personal property of the debtor claimed to have been wrongfully taken by the defendant; brought to the Court of Common Pleas in New London County. The sole defense was that the plaintiff was not legally a trustee. The case was heard before Grump, J-Facts found and judgment rendered for the plaintiff, and appeal by the defendant.
1Opinion of the CourtLoomis, J.
The complainant, as trustee of the insolvent estate of Alinon Bartlett, seeks to recover, for the benefit of creditors, the value of certain personal property belonging to the insolvent’s estate, which, it is alleged, the defendant wrongfully took and converted to his own use.
It is conceded that the defendant, having taken the property, knowing that Bartlett was-in failing circumstances, to apply on a pre-existing debt due from Bartlett to him, cannot withhold it from the plaintiff if he is rightfully acting as trustee. The defendant’s contention is that the plaintiff is not a lawful trustee…
2Cases cited5 opinions
- People v. CookNew York Supreme Court · 1852
- Colt v. EvesSupreme Court of Connecticut · 1837
- Thames Manufacturing Co. v. LathropSupreme Court of Connecticut · 1829
- People v. SchermerhornNew York Supreme Court · 1855
- Stayton v. HulingsIndiana Supreme Court · 1855
3Cited by48 opinions
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- Donohue v. Zoning Board of AppealsSupreme Court of Connecticut · 1967
- Hartford Principals' & Supervisors' Ass'n v. SheddSupreme Court of Connecticut · 1987
- Home of the Holy Infancy v. KaskaTexas Supreme Court · 1965
- Zoning Board of Appeals v. Freedom of Information CommissionSupreme Court of Connecticut · 1986
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