Pettes v. Spalding
United States District Court
Trustee Process. By the writ the sheriff was commanded to summon “ Christian Rodosson, of Burlington in the county of Chittenden, trustee of the said J‘oel Spalding, to appear before said court,” &c., “and make disclosure according to law, of the goods, chattels, rights or credits of the said Joel Spalding, which the said Rodosson may have in his hands or possession.” The process was served by delivering to the trustee personally a copy in due form of law.
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Trustee Process. By the writ the sheriff was commanded to summon “ Christian Rodosson, of Burlington in the county of Chittenden, trustee of the said J‘oel Spalding, to appear before said court,” &c., “and make disclosure according to law, of the goods, chattels, rights or credits of the said Joel Spalding, which the said Rodosson may have in his hands or possession.” The process was served by delivering to the trustee personally a copy in due form of law. From the disclosure it appeared, that individually the trustee was in no way chargeable ; but that, at the time of the service of the…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
We are called upon to revise the decision of the county court, in which they held, that the trustee was not chargeable.
The object of this proceeding against the supposed trustee, we learn from the argument, is, to attach a debt due to the principal defendant from a firm, consisting of this trustee and two other individuals, who resided in New York; and it appears, also, that the place of business of this firm was in the state of New York. Rodosson was also located in New York, having the active charge of the business of the firm, but having…
2Cases cited1 opinion
- Parker v. DanforthMassachusetts Supreme Judicial Court · 1820
3Cited by2 opinions
- Coverly v. BraynardSupreme Court of Vermont · 1856
- Lamson v. BradleySupreme Court of Vermont · 1869