Ayott v. Smith
Supreme Court of Vermont
' This was an action of debt on judgment, in favor of the plaintiff against the principal defendant, and was originally commenced before a justice of the peace, and, in* the same action, Daniel Francis was summoned as the trustee of the principal defendant.
Read the full summary
' This was an action of debt on judgment, in favor of the plaintiff against the principal defendant, and was originally commenced before a justice of the peace, and, in* the same action, Daniel Francis was summoned as the trustee of the principal defendant. On the trial before the said justice, Joseph F. Morse appeared as claimant of the goods, éffects and credits of the principal defendant in the hands of the trustee, and was admitted as a party to the suit so far as it respected his title to the said goods, effects and credits. The action came to the county court on the appeal of the…
1Opinion of the Court
*535The opinion of the court was delivered by
Peck, J.
The principal question is, whether one of two joint and several makers of a promissory note payable to the principal debtor, or bearer, can be held as trustee of the payee, when the note was, bona fide, negotiated to the claimant for a valuable consideration, and notice thereof given, by the claimant, to the other maker of the note, (but not to the trustee,) before the commencement of the trustee process, the suit having been commenced before the note became payable.
Previous to the statute of 1841, subjecting negotiable paper to trustee…
2Cases cited4 opinions
- Lyman v. President of the Bank of the United StatesSupreme Court of the United States · 1852
- Hinsdill v. SaffordSupreme Court of Vermont · 1839
- Hutchins v. EvansSupreme Court of Vermont · 1841
- Little v. HaleSupreme Court of Vermont · 1839
3Cited by1 opinion
- Hunt v. MilesSupreme Court of Vermont · 1870