Wilder v. Eldridge
Supreme Court of Vermont
Trustee Process. The action was referred, and the referee reported that Daniel Wright was not trustee. In reference to Samuel S. Wright he reported, in substance, as follows.
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Trustee Process. The action was referred, and the referee reported that Daniel Wright was not trustee. In reference to Samuel S. Wright he reported, in substance, as follows. Previous to the service of this process Samuel S. Wright had purchased of the principal debtor, Eldridge, a horse, at seventy five dollars, for which he gave his note, but under an agreement between them, by parol, that, if the horse did not answer the recommendations, he might return him to Eldridge, rescind the contract, and receive back his note. At the time of the service of the trustee process the horse was in…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
The only question in this case arises upon the ■disclosure of Samuel S. Wright. It is argued, that, upon general principles, a minor can in no case be charged as trustee by means of the trustee process. It would seem, if there is an attempt to charge him upon the ground of having in his hands the credits of the principal debtor, that the plea of infancy should avail the trustee, equally as if sued directly by the principal debtor ; but if the minor is liable to the principal debtor for necessaries, no good reason is perceived why he may not…
2Cited by2 opinions
- Scofield v. WhiteSupreme Court of Vermont · 1857
- Allen-West Commission Co. v. GrumblesDistrict Court, W.D. Arkansas · 1908