Thayer v. Lyman
Supreme Court of Vermont
Trustee Proce.ss. Tlie case was referred to a commissioner who reported the following facts : The writ was served' on.ihe trustee on the 14th of August* 1861. On the 3d of August, 1860, a town order was drawn by two of the selectmen, of the town- of Woodford upon the treasurer of that town fo.r ninety-two dollars, in favor of the defendant, to whom it was delivered on the day of its date.
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Trustee Proce.ss. Tlie case was referred to a commissioner who reported the following facts : The writ was served' on.ihe trustee on the 14th of August* 1861. On the 3d of August, 1860, a town order was drawn by two of the selectmen, of the town- of Woodford upon the treasurer of that town fo.r ninety-two dollars, in favor of the defendant, to whom it was delivered on the day of its date. This order is the one referred to in Ihe opinion of the court as order B. On the same day the defendant sold this order to Henry G. Root, who sold it to William E. Park. Before the service of the trustee…
1Opinion of the CourtAldis, J.
The plaintiff sued the principal debtor, and summoned the town of Woodford as trustee upon two town orders. Both had been assigned by the principal debtor. As to the order B. the assignee gave due notice to the selectmen (that is to two of them,) but gave no notice to the town treasurer of the assignment before the service of the trustee process. The plaintiff claims that notice of the assignment must be given to the town treasurer on whom the orde were drawn and by whom they were to be paid, and that notice to the selectmen is not enough. But we think uotiee of the assignment, either to the…
2Cited by5 opinions
- Town of New Haven v. WestonSupreme Court of Vermont · 1913
- Burditt Bros. v. PorterSupreme Court of Vermont · 1891
- City of Aberdeen v. Bank of AmoryMississippi Supreme Court · 1941
- Miles v. Town of AlbanySupreme Court of Vermont · 1886
- Thompson v. DowningSupreme Court of Vermont · 1875