Thayer & Williams v. Kelley
Supreme Court of Vermont
Trustee Process. The plaintiff’s writ was served on the 28th of September, 1854. The persons summoned as trustees were the trustees of the holders of the first mortgage bonds of the Vermont Central Railroad Company, and the principal defendant had for two years previous to that time labored for them at a given price per day, but without any agreement as to time, they having the right to discharge him, and he the right to leave at any time.
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Trustee Process. The plaintiff’s writ was served on the 28th of September, 1854. The persons summoned as trustees were the trustees of the holders of the first mortgage bonds of the Vermont Central Railroad Company, and the principal defendant had for two years previous to that time labored for them at a given price per day, but without any agreement as to time, they having the right to discharge him, and he the right to leave at any time. The trustees were then owing him seventy-five dollars, and fie still continued in their employment, and at the time of disclosing, they were owing him one…
1Opinion of the Court
The opinion of the court %as delivered by
Isham, J.
It is admitted that the trustees were indebted to the principal debtor, in the sum of seventy-five dollars, at the time of the service of this writ, and in a larger sum at the time of their disclosure. But it is insisted that they are not chargeable, as trustees, in this case, as the debt had been assigned to the claimants before the service of this process, of which the trustees had notice, and in pursuance of which they had made several payments.
The assignment of this claim was made on the 10th of February, 1854. It is not expressly stated…
2Cases cited1 opinion
- Millett v. ParkerCourt of Appeals of Kentucky · 1859
3Cited by14 opinions
- Mallin v. WenhamIllinois Supreme Court · 1904
- Harwood v. Benton & JonesSupreme Court of Vermont · 1860
- Metcalf v. KincaidSupreme Court of Iowa · 1893
- Bell v. MulhollandMissouri Court of Appeals · 1901
- Engeldinger v. Swift & Co.Supreme Court of Iowa · 1930
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