Legal Opinion

Downer v. Topliff

Supreme Court of Vermont

Decided March 15, 1847PublishedCited by 9 opinions

Trustee Process. It appeared that Uriah Hayes, one of the trustees, in November, 1S4Ó, executed a bond to the defendant, Topliff, in the penal sum of one thousand dollars, to indemnify him for having attached, as constable, certain property in a suit in favor of Hayes against Asa Chamberlain and Carmi D. Chamberlain, which bond was signed by Abel Blanchard, the other trustee, as surety ; and that judgment had been recovered by one Carlos Chamberlain against Topliff in an…

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Trustee Process. It appeared that Uriah Hayes, one of the trustees, in November, 1S4Ó, executed a bond to the defendant, Topliff, in the penal sum of one thousand dollars, to indemnify him for having attached, as constable, certain property in a suit in favor of Hayes against Asa Chamberlain and Carmi D. Chamberlain, which bond was signed by Abel Blanchard, the other trustee, as surety ; and that judgment had been recovered by one Carlos Chamberlain against Topliff in an action for taking the same property, and that a suit was now pending in the name of Topliff against the trustees, upon the…

1Opinion of the Court

The opinion of the court was delivered by

Royce, Ch. J.

Judgment having passed in this case against Topliff, the principal defendant, the trustees disclosed; and the questions are, — 1, Whether they should be adjudged liable at all, under the trustee process, — and 2, If they are liable, whether the claim against them should be adjudged to Downer, the attaching creditor, or to Aikens, the claimant. In the court below they were adjudged liable, — but liable in favor of the claimant. We think there is no sufficient ground for saying that the claim against the trustees, upon their bond to Topliff,…

2Cited by9 opinions

  1. Gray v. HouckTennessee Supreme Court · 1934
  2. Ricker v. LajoieDistrict Court, D. Vermont · 1970
  3. Gies v. Bechtner & KottmanSupreme Court of Minnesota · 1867
  4. Dolenty v. Rocky Mountain Bell Telephone Co.Montana Supreme Court · 1910
  5. Sherburne Corporation v. CarterSupreme Court of Vermont · 1975

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