J. & J. H. Peck & Co. v. Walton
Supreme Court of Vermont
Book Account. Judgment to account, and an auditor was appointed, who reported in favor of the plaintiffs, March term, 1852, and judgment was rendered on the same, at the said term.
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Book Account. Judgment to account, and an auditor was appointed, who reported in favor of the plaintiffs, March term, 1852, and judgment was rendered on the same, at the said term. The trustee, R. D. Cornwall, disclosed, that on the 17th day of April, 1851, he executed and delivered, to the defendant Walton, four promissory notes for fifty dollars each, payable with interest in four, six, nine, ¿nd twelve months from the date thereof respectively, to said Walton or bearer; that, about one month after the execution of said notes as aforesaid, and, before service of process upon him in this…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
We think the trustee must be held chargeable.It is true, the case finds, that the two notes now in question were indorsed, while the notes were current, and before the service of this trustee process, to the claimant, for a valuable consideration. By the act of 1841, all negotiable paper, whether under or over due, is subjected to the operation of the trustee process, unless it shall have been negotiated, and notice given before the service of the trustee process, of such negotiation of the paper. It is claimed, that if the maker is…
2Cited by4 opinions
- Wolcott v. MongeonSupreme Court of Vermont · 1914
- Webster v. MoranvilleSupreme Court of Vermont · 1858
- Parker v. ParkerSupreme Court of Vermont · 1899
- Farmers' & Mechanics' Bank v. DrurySupreme Court of Vermont · 1863