Legal Opinion

Edson v. Trask

Supreme Court of Vermont

Decided March 15, 1849PublishedCited by 5 opinions

Trustee Process. The suit was appealed by the plaintiff from the judgment of a justice of the peace discharging the trustee. In the county court the principal debtor,- Trask, appeared and entered as claimant, and a hearing was bad- uppn the’ trustee’s disclosure,stating the facts substantially as follows.

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Trustee Process. The suit was appealed by the plaintiff from the judgment of a justice of the peace discharging the trustee. In the county court the principal debtor,- Trask, appeared and entered as claimant, and a hearing was bad- uppn the’ trustee’s disclosure,stating the facts substantially as follows. In April,-1848, the trustee purchased' of Belknap & Steele a-cooking stove, for $17,62, and gave his promissory note for it, payable on demand,- subject to a condition, that the stove was to renaainthe property of Belknap & Steele,- until- it was paid for.- In May,-1848, the trustee sold to…

1Opinion of the Court

The opinion of the court was delivered by

Royce, Ch. J.

Two questions are presented in this case, — J, Whether the liability of Smith to Trask was of such a character, as to render him a trustee, within the meaning of the statute, — and 2. Whether Trask was entitled to claim and hold the benefit of that liability against the plaintiff, his creditor, under the provisions of law exempting certain property to a limited amount from attachment and execution.

As between Trask and Smith, the latter was not liable simply as ,U debtor for the fifteen dollars received in payment for the stove, except at…

2Cases cited5 opinions

  1. Vail v. StrongSupreme Court of Vermont · 1838
  2. Barker v. EstySupreme Court of Vermont · 1847
  3. Beeman v. BuckSupreme Court of Vermont · 1830
  4. Downer v. TopliffSupreme Court of Vermont · 1847
  5. Brown v. DavisSupreme Court of Vermont · 1846

3Cited by5 opinions

  1. H. Schneider & Bro. v. BrayTexas Supreme Court · 1883
  2. Keyes v. RinesSupreme Court of Vermont · 1864
  3. Martin v. HurlburtSupreme Court of Vermont · 1888
  4. Oren Lyman & Co. v. WoodSupreme Court of Vermont · 1869
  5. Kingsland, Ferguson & Co. v. McGowan Bros.Court of Appeals of Texas · 1885

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