Barron v. Porter
Supreme Court of Vermont
Assumpsit. Plea, the general issue and notice. Trial by jury, at the December term, 1871, Barrett, J., presiding.. Verdict for the plaintiff. This suit was brought on a note which one Fenno, of White River Village, in Hartford, held against Henry' F. Porter, and which said Fenno had assigned to the plaintiff.
Read the full summary
Assumpsit. Plea, the general issue and notice. Trial by jury, at the December term, 1871, Barrett, J., presiding.. Verdict for the plaintiff. This suit was brought on a note which one Fenno, of White River Village, in Hartford, held against Henry' F. Porter, and which said Fenno had assigned to the plaintiff. Fenno also owed one Collins, of White River, and Collins brought a suit against Fenno, and trusteed Porter, and recovered judgment against him as trustee, and ‘that judgment was paid by said Porter. This trustee judgment and payment formed the defence under the notice of the same above…
1Opinion of the Court
Tb» munion of the court was delivered by
J.
The defendant’s counsel insist that their 1st, 3d, 4th .a 5th.. requests ought to have been granted; that the court charged to the contrary, and that in this there was error. It is settled by the decisions in this State, that the notice to the debtor of the assignment of a demand must emanate from and be given by the procurement of the assignee, in order to be effectual to protect the demand from attachment by trustree process as the property of the assignor. But it is not necessary to the validity of *592the notice that the assignee should personally…
2Cited by4 opinions
- Woodward v. LaporteSupreme Court of Vermont · 1898
- Wolcott v. MongeonSupreme Court of Vermont · 1914
- Holt v. BabcockSupreme Court of Vermont · 1891
- Parker v. ParkerSupreme Court of Vermont · 1899