Polley v. Hazard
Supreme Court of Vermont
Trover. Heard on an agreed statement of facts at the March Term, 1897, Rutland County, Tyler, J., presiding. Judgment for the plaintiff to recover $102.16 and his costs. The defendant excepted.
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Trover. Heard on an agreed statement of facts at the March Term, 1897, Rutland County, Tyler, J., presiding. Judgment for the plaintiff to recover $102.16 and his costs. The defendant excepted. May 25, 1896, the plaintiff, deputy sheriff, served a writ in favor of James Laramie against the Hazard Slate Co., attaching the property described in the writ in this cause, and the defendant gave a receipt therefor, by which he undertook to redeliver the same to this plaintiff, or any other officer authorized to demand it, on demand, or pay all costs and damages. Judgment was obtained in the Laramie…
1Opinion of the CourtMunson, J.
The receiptor’s obligation, although absolute in its terms, was contingent by operation of law. He was to return the property to save the officer from liability to the attaching creditor or the owner. He can defend by-showing whatever will relieve the officer from this liability. Adams v. Fox, 17 Vt. 365; Roberts v. Carpenter, 53 Vt. 678; Dayton v. Merritt, 33 Conn. 184.
The assignment in insolvency related back to the filing of’ the petition, and dissolved the attaching creditor’s lien upon the receipted property, and passed the property to the assignee as against the debtor. V. S. 2098,…
2Cases cited3 opinions
- Adams v. FoxSupreme Court of Vermont · 1845
- Dayton v. MerrittSupreme Court of Connecticut · 1866
- Roberts v. CarpenterSupreme Court of Vermont · 1881
3Cited by5 opinions
- McDermott v. JaquithSupreme Court of Vermont · 1914
- Benj. Harris & Co. v. Western Smelting & Refining Co.Appellate Court of Illinois · 1944
- McCutcheon v. LeonardSupreme Court of Vermont · 1941
- Stannard v. TillotsonSupreme Court of Vermont · 1914
- Largy v. MorrisonSupreme Court of New Hampshire · 1936