Brown v. Davis
Supreme Court of Vermont
Trustee Process. The trustee disclosed, at the June Term, 1844, of Addison county court, that he had no goods &c. of the principal debtor, Davis, in his hands, or possession, except that in the preceding March, Davis had permitted the trustee to take a wagon, belonging to him, to use; that he did not purchase the wagon, nor agree upon any price for the use of it; that Davis had controlled the wagon when he pleased, and the trustee had used it in his business, when necessary;…
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Trustee Process. The trustee disclosed, at the June Term, 1844, of Addison county court, that he had no goods &c. of the principal debtor, Davis, in his hands, or possession, except that in the preceding March, Davis had permitted the trustee to take a wagon, belonging to him, to use; that he did not purchase the wagon, nor agree upon any price for the use of it; that Davis had controlled the wagon when he pleased, and the trustee had used it in his business, when necessary; that the trustee had no claim upon the wagon, nor any right to use it any longer than Davis should choose to leave it…
1Opinion of the Court
*213The opinion of the court was delivered by
Kellogg, J.
The only question raised by the bill of exceptions in this case is, whether the court below erred in adjudging Hacket trustee for the property named in his disclosure.
The statute relating to proceedings against trustees provides, that “ Every person, having any goods, effects, or credits of the principal defendant intrusted or deposited in his hands, or possession, or which shall come into his hands, or possession, after the service of the writ and before disclosure is made, may be summoned as trustee.” The object of this law was obviously…
2Cited by2 opinions
- Bank of Middlebury v. EdgertonSupreme Court of Vermont · 1858
- Edson v. TraskSupreme Court of Vermont · 1849