Camp v. Scott
Supreme Court of Vermont
In this case, William Clark was summoned as trustee of Jacob Scott. At the April term of the county court, the trustee disclosed that, on or about the third day of February, 1841, be owed Scott, the principal debtor, one hundred dollars ; that Scott then said to him that he ¿was afraid his creditors would trustee him, Clark, and desired the latter to give notes payable to Lenox Titus and William Edwards, to prevent Scott’s creditors from attaching said debt so owing to Scott…
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In this case, William Clark was summoned as trustee of Jacob Scott. At the April term of the county court, the trustee disclosed that, on or about the third day of February, 1841, be owed Scott, the principal debtor, one hundred dollars ; that Scott then said to him that he ¿was afraid his creditors would trustee him, Clark, and desired the latter to give notes payable to Lenox Titus and William Edwards, to prevent Scott’s creditors from attaching said debt so owing to Scott from the trustee ; that, at Scott’s request, the trustee then executed a note for fifty dollars, payable to said Titus…
1Opinion of the Court
*390The opinion of the court was delivered by
Redejeld, J.
The only question made in the present case, in regard to the liability of the trustee, is in reference to the note made payable to Edwards. This note seems to have been made payable to him without his concurrence or knowledge, and for the purpose avowed, by Scott, of putting it beyond the reach of the trustee process. We could not feel justified to allow so obvious a subterfuge to interpose any obstacle in the way of this process. If Edwards or Aikin is now the bona fide holder of this note, and received it in the due course of business,…
2Cases cited1 opinion
- Field v. NickersonMassachusetts Supreme Judicial Court · 1816
3Cited by15 opinions
- Paine v. Central Vermont RailroadSupreme Court of the United States · 1886
- Poorman v. D. O. Mills & Co.California Supreme Court · 1870
- La Due v. First National BankSupreme Court of Minnesota · 1883
- Stegal v. Union Bank & Federal Trust Co.Supreme Court of Virginia · 1934
- Easley v. East Tennessee National BankTennessee Supreme Court · 1917
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