D. Fay & Co. v. Smith
Supreme Court of Vermont
Trustee Process. The trustee disclosed'that he purchased an undivided half of a farm, of the said Israel G. Smith, in April, 1849, in Sharon, and all the stock and tools upon said farm, belonging to said Israel G. j that he was to pay for said farm $1,250, and for said stock and tools about the sum of $450, the exact amount cannot state.
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Trustee Process. The trustee disclosed'that he purchased an undivided half of a farm, of the said Israel G. Smith, in April, 1849, in Sharon, and all the stock and tools upon said farm, belonging to said Israel G. j that he was to pay for said farm $1,250, and for said stock and tools about the sum of $450, the exact amount cannot state. That he was to pay for it in the following manner; to Chester Baxter about $500, to E. Hazen about $300; which sums he has paid to said Baxter and Hazen — that for the balance, about $900, he executed to said Israel G. Smith, his promissory note; and that at…
1Opinion of the Court
The opinion of the court was delivered by
Redeield, Ch. J.
By section eight of the trustee act, (Comp. Stat. 256,) it is expressly provided, that one may be held liable for “ money due to the principal defendant before it has become payable” — “ but the trustee shall not be compelled to pay it before the time appointed therefor by the contract.” Under this statute, it seems to us the contract in this case is of a character to be liable to attachment, by this process. It is clearly deKtum in praesenti, and to some extent solvendum in futuro, although not in the ordinary sense.
It is worthy of…
2Cited by5 opinions
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- Downer v. TarbellSupreme Court of Vermont · 1859
- Claflin v. KimballSupreme Court of Vermont · 1879
- Morse v. StevensSupreme Court of Vermont · 1922
- Sargent v. WoodSupreme Court of Vermont · 1879