McDaniels v. Morton
Supreme Court of Vermont
Trustee Process. The case was referred to a commissioner who reported the following facts : At the time of the service of the process upon the agent of the trustees, there was due from the trustees to the defendant the sum of eight dollars and five cents. If the labor performed on the same day of the service of the process is reckoned, then the trustees were indebted to the defendant in the sum of nine dollars and twenty cents.
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Trustee Process. The case was referred to a commissioner who reported the following facts : At the time of the service of the process upon the agent of the trustees, there was due from the trustees to the defendant the sum of eight dollars and five cents. If the labor performed on the same day of the service of the process is reckoned, then the trustees were indebted to the defendant in the sum of nine dollars and twenty cents. The trustees were the trustees of the second mortgage bonds of the Rutland and Burlington Railroad Company, and the principal debtor was a laborer in their employ.…
1Opinion of the CourtAldis, J.
We think the decision of the county court in discharging the trustees, may well be sustained upon two grounds.
I. At the time the writ was served upon the trustees, they were indebted to the defendant only to the amount of nine dollars *103and twenty cents. The trustee discloses that it was his custom to pay the defendant whenever he had earned ten dollars. It does not appear upon the report that the amount due from the trustee ever exceeded ten dollars at one time. This fact should appear affirmatively upon the report. We are not at liberty to pronounce the judgment of the court below erroneous,…
2Cases cited1 opinion
- Carr v. E. & T. Fairbanks & Co.Supreme Court of Vermont · 1856