Towne v. Leach
Supreme Court of Vermont
Trustee Process, The commissioner reported that in February, 1856, Hiram Phelps left with the trustee a quantity of dry goods for sale on commission, which Phelps then informed him belonged to himself alone, but that he afterwards told him that they belonged to himself and the defendant, Leach, as partners ; that before the service of this trustee process the trustee had paid to Phelps from the avails of the sale of a part of such goods three hundred and twenty-five dollars,…
Read the full summary
Trustee Process, The commissioner reported that in February, 1856, Hiram Phelps left with the trustee a quantity of dry goods for sale on commission, which Phelps then informed him belonged to himself alone, but that he afterwards told him that they belonged to himself and the defendant, Leach, as partners ; that before the service of this trustee process the trustee had paid to Phelps from the avails of the sale of a part of such goods three hundred and twenty-five dollars, and that there still remained in Edgell’s hands money from such sales, and goods unsold, amounting in all, in value, to…
1Opinion of the CourtAldis, J.
The plaintiff summons L. A. Edgell and H. Phelps as trustees of one George Leach. Edgell files a disclosure in which he states that the goods and moneys in his hands were delivered to him by Phelps as his ; that afterwards Phelps said they belonged to Leach and Phelps as partners. He also states that Leach claims that they belong solely to him, and prays that Phelps may be cited in as claimant to maintain their rights.
Upon the disclosure the question as to the liability of the trustee would be, first, are the goods the sole property of Leach? if so, the trustee would be liable ; second, are…
2Cases cited2 opinions
- Smith v. PollardSupreme Court of Vermont · 1847
- Knapp v. LevanwaySupreme Court of Vermont · 1855
3Cited by4 opinions
- Willard v. WingSupreme Court of Vermont · 1897
- Vermont Fruit Co. v. WilsonSupreme Court of Vermont · 1918
- Bartlett v. WoodwardSupreme Court of Vermont · 1873
- Fairchild v. LampsonSupreme Court of Vermont · 1865