Holmes v. Clark
Supreme Court of Vermont
Appeal from the court of chancery. The bill alleged that on the 23d of December, 1871, the orator executed his promissory note for $57.50, payable to Eugene Ainsworth, or bearer, at the orator’s residence, on the 23d of September, 1872; that T. J. Hubbard brought suit against the said Ainsworth, returnable before a justice of the peace on the 13th of March, 1872, wherein the orator was summoned as trustee ; that prior to making his disclosure in said suit, the orator had…
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Appeal from the court of chancery. The bill alleged that on the 23d of December, 1871, the orator executed his promissory note for $57.50, payable to Eugene Ainsworth, or bearer, at the orator’s residence, on the 23d of September, 1872; that T. J. Hubbard brought suit against the said Ainsworth, returnable before a justice of the peace on the 13th of March, 1872, wherein the orator was summoned as trustee ; that prior to making his disclosure in said suit, the orator had never been notified, except by the said Ainsworth, that said note had been assigned, or that any person other than the…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
The Gen. Sts., ch. 34, §47, provides: “All negotiable paper, whether under or over due, may be attached by, and the same is subject to the operation of, the trustee process, unless it shall appear that the same had been negotiated, and notice thereof given to the maker or indorser before the service of the trustee process on him.” By the language and scope of this statute, the payee of a negotiable promissory note is to be treated as the owner thereof, and the debt evidenced by the note is subject to attachment by the trustee process as his…
2Cases cited8 opinions
- Woodruff v. TaylorSupreme Court of Vermont · 1847
- Emerson v. UdallSupreme Court of Vermont · 1841
- Day v. CummingsSupreme Court of Vermont · 1847
- Burton v. WileySupreme Court of Vermont · 1854
- Marsh v. DavisSupreme Court of Vermont · 1852
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- First Wisconsin Mortgage Trust v. Wyman's, Inc.Supreme Court of Vermont · 1981
- Town of Colchester v. Hinesburg Sand & Gravel, Inc. (In Re APC Construction, Inc.)United States Bankruptcy Court, D. Vermont · 1990
- City of Montpelier v. Capital Savings BankSupreme Court of Vermont · 1903
- French v. RobrchardSupreme Court of Vermont · 1877
- Parker v. WilsonSupreme Court of Vermont · 1888
6 more not listed; retrieve them via the Exa API.