Legal Opinion

Kettle v. Harvey

Supreme Court of Vermont

Decided February 15, 1849PublishedCited by 15 opinions

Trustee Process. The writ was served upon the trustees September 8, 1846. The trustee Hurd, who answered as well for the other trustee as for himself, disclosed the facts substantially as follows.

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Trustee Process. The writ was served upon the trustees September 8, 1846. The trustee Hurd, who answered as well for the other trustee as for himself, disclosed the facts substantially as follows. On the sixteenth day of June, 1846, Hurd, as committee for the Congregational Church of Sandgate, entered into a contract with Harvey, the principal debtor, under seal, and signed by Harvey and Hurd, by the terms of which Harvey covenanted to make certain repairs upon a meeting house, and to furnish certain materials therefor, and to complete the whole on or before the first day of October, 1846;…

1Opinion of the Court

The opinion of the court was delivered by

Bennett, J.

This case comes before us upon exceptions to the decision of the county court, in holding that the trustees were not chargeable upon the facts contained in the disclosure. The leading facts are, that the principal debtor and the trustee Hurd, on the sixteenth day of June, 1846, entered into a contract under seal, by the terms of which the principal debtor took upon himself to repair a certain meeting house, belonging to the Congregational Society in Sandgate, in whose > behalf Hurd was acting, according to' certain stipulations contained in…

2Cases cited3 opinions

  1. Maine Fire & Marine Insurance v. WeeksMassachusetts Supreme Judicial Court · 1811
  2. Johnson v. ReedMassachusetts Supreme Judicial Court · 1812
  3. Meyar v. MeyarCourt of Appeals of Kentucky · 1860

3Cited by15 opinions

  1. Hamlin, Hale & Co. v. RaceIllinois Supreme Court · 1875
  2. Persons v. McKibbenIndiana Supreme Court · 1854
  3. Kelly & Bragg v. Town of BradfordSupreme Court of Vermont · 1860
  4. Veazie v. City of BangorSupreme Judicial Court of Maine · 1863
  5. Viles v. Barre & Montpelier Traction & Power Co.Supreme Court of Vermont · 1906

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