Adams v. Newell
Supreme Court of Vermont
This was a factorizing or trustee process, brought against Clark as trustee of Newell. Clark .stated in his disclosure, that he had in his hands, at the time of the process being served, the sum of forty dollars, which he had received of the agent for paying pensions in this state, as the amount due to Newell, who was a pensioner of the United States ; which sum he received as the special attorney of Newell for that purpose, and which had not been paid over.
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This was a factorizing or trustee process, brought against Clark as trustee of Newell. Clark .stated in his disclosure, that he had in his hands, at the time of the process being served, the sum of forty dollars, which he had received of the agent for paying pensions in this state, as the amount due to Newell, who was a pensioner of the United States ; which sum he received as the special attorney of Newell for that purpose, and which had not been paid over. The county court held, that the pension money, thus situated, was not liable to attachment by this process, and adjudged that Clark was…
1Opinion of the CourtPhelps, J.
There may be some doubt, how far a pension may be followed, to the purpose of protecting it from the process of creditors, under the act of Congress. Whether that act would protect it after it is reduced to possession by the pensioner, is a 'question which we are not called upon to decide. Certain it is, that it is protected so long as it retains the distinctive character of a pension. The money, in this case, came to the hands of Clarke, as the attorney of Newell for the purpose of receiving the pension from the disbursing officer of the government, and had not reached its destination.…
2Cited by6 opinions
- Noyes v. PierceSupreme Court of Vermont · 1923
- Martin v. HurlburtSupreme Court of Vermont · 1888
- Snow v. CarpenterSupreme Court of Vermont · 1882
- Bullard v. GoodnoSupreme Court of Vermont · 1901
- Owen v. GraySupreme Court of Vermont · 1847
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