McGregor v. J. D. Chase & Sons
Supreme Court of Vermont
. Trustee Process. The commissioner found and reported that prior to August 5th, 1861, the principal debtors had given to the alleged trustees bills of sale of certain personal property as security for debts which they owed the trustees, and for liabilities that the trustees had incurred in their behalf; but the trustees being fearful that they had not taken sufficient possession of the property conveyed by those bills of sale, to enable them to hold it against subsequent…
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. Trustee Process. The commissioner found and reported that prior to August 5th, 1861, the principal debtors had given to the alleged trustees bills of sale of certain personal property as security for debts which they owed the trustees, and for liabilities that the trustees had incurred in their behalf; but the trustees being fearful that they had not taken sufficient possession of the property conveyed by those bills of sale, to enable them to hold it against subsequent attaching creditors, and the principal debtors being actuated by the , same fears, and knowing that they were deeply…
1Opinion of the CourtPeck, J.
The question in this case is whether upon the facts reported by the commisioner the trustees are chargeable.
It is claimed on the part of the plaintiff that the deed executed to the trustees by the principal debtor is an assignment, and that it is void under our statutes relating to assignments. It is not claimed on the part of the trustees that there has been a compliance with the requirements of the statute regulating assignments for the benefit of creditors, but it is insisted that it is not an assignment within the meaning of that statute.
We are all of opinion that the deed is not an…
2Cited by5 opinions
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- Claflin v. KimballSupreme Court of Vermont · 1879